
THE LEGAL STATUS OF THE 
CITY SCHOOL SUPERINTENDENT 



By 



JOHN CAYCE MORRISON 

Specialist in Educational Measurements 
The University of the State of New York 
The State Department of Education, Albany 



Submitted in partial fulfillment of the requirements 

for the degree of Doctor of Philosophy, 

in the Faculty of Philosophy, 

Columbia University 



BALTIMORE 

WARWICK & YORK, Inc. 

1922 



THE LEGAL STATUS OF THE 
CITY SCHOOL SUPERINTENDENT 



THE LEGAL STATUS OF THE 
CITY SCHOOL SUPERINTENDENT 



By 



JOHN CAYCE MORRISON 

specialist in Educational Measurements 
The University of the State of New York 
The State Department of Education, Albany 



Submitted in partial fulfillment of the requirements 

for the degree of Doctor of Philosophy, 

in the Faculty of Philoiophy, 

Columbia University 



BALTIMORE 
WARWICK & YORK, Inc. 

1922 






COPYRIGHT, 1922, BY 
WARWICK & YORK, INC. 



API 2i !922 



Jo 



' ACKNOWLEDGMENT 

1 gratefully acknowledge my indebtedness to many 
sources — to members of boards of education, to public 
spirited citizens, to superintendents, to other educational 
leaders, who through written opinion or personal inter- 
view contributed to the thought and judgment recorded 
in this volume. More particularly, would I express my 
appreciation of the counsel and direction given by Pro- 
fessor George D. Strayer and Professor N. L. Engelhardt. 

J. CM. 



TABLE OF CONTENTS 

Chapter I. Statement of the Problem 5 

Chapter II. The Historical Development of the Office of 

City School Superintendent 9 

Traced through the development of school 
legislation in two typical states. 
Chapter III. The Legal Status of the City School Super- 
intendent in the 48 States 40 

A. The superintendent's relationship as defined 
by law to the — 

a. Board of education 

b. Public 

c. Municipal authorities 

d. Subordinates 

e. County officials 

f. State officials 

B. Classification of powers vested by law in the 
office of city superintendent of schools. 

a. Advisory 

b. Initiatory 

c. Independent 

C. Summary. 

Chapter IV. The Legal Status of the City School Super- 
intendent in 34 Representative American 
Cities 80 

A. Criteria for the selection of cities. 

B. Special provisions made for the administra- 
tion of city schools. 

a. By State legislatures for cities of the 
first class (usually only one city 
affected) 

b. By city councils or commissions when 
given such power by legislative or 
constitutional enactment. 

Chapter V. The Judgment of Lay and Professional 
Leaders of Education as to the Legal Status 
that Should be Given to the City School 
Superintendent ^ 09 



Chapter VI. Principles of Government Involved in City 

School Administration 124 

a. The public interest or welfare the chief 
factor. 

b. The need for centralized responsibility 
in administering school affairs. 

c. Provisions for eliminating dual control. 

d. The value of clearly defining the powers 
and duties of school officials. 

A Brief of a Proposed Legal Status for the City School 

Superintendent 15T 

Appendix 157 

a. Charts showing the legal status of the 
city school superintendent in, 

a. The 48 states. 

b. Cities operating under special 
charters. 

b. Statistical tables. 

(Inserted in pocket in back of book.) 

Bibliography l6n 



Chapter I 
THE PROBLEM 

The 1918 census report of Financial Statistics of Cities 
stated that the 227 cities above 30,000 population con- 
tained 34,000,000 people or 32.9 per cent, of the estimated 
population of the country. The same report also stated 
that 31.4 per cent, of the entire expenditure of this group 
of cities was for schools. That this was a considerable 
increase over the preceding decade is indicated in the fol- 
lowing figures : 

1907 191 1 1915 1918 
Per cent, of total city expense 

devoted to schools 27,7 28.6 30.2 31.4 

Cost of Schools per capita. . .$4.42 $5.04 $5.58 $6.28 

If in addition to the 227 cities mentioned above, the 
expenditure for schools made by the 1,200 odd cities 
with population of from 5,000 to 30,000 is taken into con- 
sideration, the immensity of the problem of city school 
administration, merely from the business standpoint, be- 
comes apparent. The widespread demand for better 
qualified teachers, for better school buildings and equip- 
ment, and for better exercise by the school authorities 
of nearly all functions that have been delegated to the 
schools promise that the cost of schools will not diminish, 
but will of necessity considerably increase during the next 
several years. 

Under the stress of changing economic and social con- 
ditions the American people are exceedingly interested 
not only in the expenditure of money for schools but 

5 



6 LEGAL STATUS 01'' CITY SCHOOL SUPERINTENDENT 

particularly in the results that are and will be obtained. 
As taxes increase and, as an ever larger proportion of ex- 
penditure goes for school purposes, the pressure on school 
administrative officials will increase and the demand for 
better results will be greater and ott times unreasoning. 
Accompanying this pressure and unrest will come a de- 
mand for change, for the trying of many and varied ex- 
periments — all of which will be merely outward signs 
of an underlying sense of need for such a reorganization 
of the school administrative machinery as will definitely 
fix responsibility and so produce the most and best re- 
turns on the investment. On those responsible for the 
administration of schools will largely fall the problem 
of reorganization. 

Today the typical American city school system is con- 
trolled by a board of education, elected by the people: 
the board appoints an executive or administrative officer, 
the superintendent, who is largely or altogether subject 
to the will of the board. From this general type there 
are many variations — all of them results of the operation 
of certain different but fundamental theories relative to 
city school administration. 

The first of these theories is in some sense a develop- 
ment from the spirit of the New England town meeting. 
In a present day and professionalized terminology it is 
embodied in the theory of "municipal home rule." In 
the educational field, it practically considers the city dis- 
trict as the chief if not sole authority over all questions 
concerning the local administration of schools. It as- 
sumes that the powers of administration are derived from 
the electorate and should be legally vested in officers 
whom the electorate may reach with their ballots. The 
logical sequence of this theory is that the executive head 
of the school should be an employee of the board of edu- 
cation with only such powers and duties as the board 



STAT^M^NT OF THE PROBLEM 7 

may delegate to him ; and with the privilege of exercising 
such powers and performing such duties only in so long 
as it may suit the pleasure of the board. 

An entirely different theory stresses the fact that edu- 
cation is a function of the State ; and that, therefore, the 
State should make such provision for the local adminis- 
tration of schools as will best promote the interests of the 
State. It considers the city superintendent an official of 
the State, responsible for the administration of schools 
in a convenient subdivision of the larger unit. The cen- 
trahzed authority determines the qualifications necessary 
for the office, appoints and removes the individual official, 
pays his salary and supervises or directs his activities 
while in office. This theory, when it grants the local 
community any voice at all in the conduct of its local 
school affairs, either delegates certain specific functions 
to certain civil authorities of the city, or creates a local 
board of education which operates primarily in an ad- 
visory capacity. 

Between these two theories, there is developing a third 
theory that attempts to coordinate the essential features 
of them both. It recognizes the value of local initiative 
and local responsibility; it believes that the people of a 
city should be made to feel responsible for producing a 
school system superior to the minimum that the State 
can require ; and that to secure the full value of this local 
initiative the city must have a large control through its 
elective officials of the administration of its schools. On 
the other hand this theory recognizes the right of the 
people of a State to establish minimum requirements for 
the good of all the children ; and it denies the right of a 
local community to fall below these minimum standards. 
It recognizes the ever-increasing complexity of a modern 
city school system and the need of professionally trained 



8 IvKGAL STATUS 01*' ClTY SCHOOL SUPE^RINT^ND^NT 

leadership in the administration of such school systems. 
To secure such leadership, this theory accepts the right 
of the State to determine the quaUfications necessary for 
filling the local office, to pass upon the fitness of the in- 
dividual for that office, to specify certain of his duties 
while in office, to supervise many of his activities and to 
protect in some measure his tenure during the term of 
his contract. Outside of these specified limits the locally 
elected or appointed board has full control of local affairs. 

It is with an examination and evaluation of these three 
fundamental theories in their application to city school 
administration that this study is concerned. Their ex- 
pression in the law admits of varied and complicated 
relationships — the relationships of public and board of 
education; board of education and other civil authorities; 
board of education and superintendent; superintendent 
and other executive officers ; executive officers and teach- 
ers ; board of education and superintendent to State 
authorities, and so on. While it is necessary to consider 
all of these problems in sea:rching for the best legal 
organization of city school administration, it is the super- 
intendent and board of education that the American 
people will hold responsible for satisfactory returns from 
their investment in the public schools. The relationship 
between these two agents of the people and their specific 
responsibilities in the law, then, constitute the problem 
for this study. 

The conclusions reached should result from considera- 
tion of the historical development of the problem, of the 
school laws now in force as set forth in state codes and 
citv charters, of the principles and practices that have 
evolved in municipal administration, and of the best 
judgment of lay and professional leaders in school ad- 
ministration.: ., : . 



Chapter II 

THE HISTORICAL DEVELOPMENT OF THE 

OFFICE OF CITY SCHOOL SUPERINTENDENT 

The city school superintendent is a product of many 
experiments. A pioneer people were confronted with 
the building of an educational system. At every turn 
they felt the need of improving their school facilities, and 
of having some agency in each governmental unit that 
they might hold responsible for bringing about such im- 
provement. Certain ideas were gleaned through their 
leaders* from the educational systems of the parent lands, 
and, for the rest, they used whatever agency seemed best 
suited to their purpose. After a century or more of trial 
and error, of conflict between ideals as widely contrasted 
as the highly centralized educational system of France 
and the New England town meeting, there has been 
crystalized the office of city school superintendent which 
is fairly definite in its concept, and common to the edu- 
cational systems in all the states. 

Since the development of the office in Connecticut and 
in Ohio has been typical in a large measure of its devel- 
opment throughout the country, the school legislation of 
these two states is taken as the basis of this chapter 
Ohio through its mass and variety of special, city charter 
legislation from 1829 to about 1870 and again under 
the guise of legislation for grades of cities from 1875 to 
1904 seems to have tried in some city or another nearly 
every type of school administration that the American 

'Hoyt & Ford, Life of John B. Pierce, pages 81-82. 
Barnard, The Old Hartford Grammar School, page 233. 



10 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT 

mind has conceived ; and as a result of such experimenta- 
tion has from time to time reduced the principles thus 
tried to general legislation applicable to all of its cities. 

Connecticut, in some sense, the co-parent of the free 
public school system of America, through one hundred 
fifty years of experiment, evolved the concept of public 
duty and responsibility embodied in the office of school 
visitor, an office that has gradually developed through 
another century into that of city school superintendent. 

CONNECTICUT GENERAL SCHOOL LEGISLATION 

In 1650 the General Court of the colony of Connecticut 
enacted a "body of laws." Among the provisions for edu- 
cation is to be found the following: 

For as much as the good education of children is of 
singular behoof and benefit to any commonwealth and 
whereas many parents and masters are too indulgent 
and negligent of their duty in that kind : 
It is therefore ordered by this court and the authority 
thereof, that the selectmen of every town in the several 
precincts and quarters where they dwell, shall have a 
vigilant eye over their brethren and neighbors, to see, 
first, that none of them shall suffer so much barbarism 
in any of their families, as not to endeavor to teach, by 
themselves or others, their children and apprentices so 
much learning as may enable them perfectly to read 
the English tongue and knowledge of the capital laws, 



Apparently in this early day, those who framed the 
law realized the need of having some one responsible for 
seeing that the law should be enforced. This responsi- 
bility was given to the selectmen of the "several precincts 
and quarters;" and further provisions of the law gave 
the selectmen ample authority to examine the children and 
to enforce the law. The actual result of the above provi- 



^BarBard, QM Hnrtford School, p. 171. 



HISTORICAI, DE;ve;LOPME:NT 0? THE Of]?ICE II 

sion of the 1650 code may be surmised from the following, 
enacted in 1690: 

This court observing that, notwithstanding the for- 
mer orders made for the education of children and ser- 
vants, there are many persons unable to read the Eng- 
lish tongue, and thereby unable to read the holy word 
of God and the good laws of this colony, it is hereby 
ordained that all parents and masters shall cause their 
children and servants, as they are capable, to read dis- 
tinctly the English tongue, and that the grand jury- 
men in each town do, once in a year, at least, visit each 
family they suspect to neglect this order, and * satisfy 
themselves that all children under age, and servants in 
such suspected families, can read well the English 
tongue or in good procedure to learn the same or not, 
and if they find any such children or servants not 
taught as their years are capable of, they shall return 
the names of the parents or masters of the said chil- 
dren, to the next county court, when the said parents 
or masters shall be fined twenty shillings for each 
child or servant whose teaching is thus neglected ac- 
cording to this order/ 

Here again, the colonial legislature reiterated the right 
of the State to enforce the education of the children of 
the State ; but, having become dissatisfied with the results 
obtained by the selectmen in their forty years trial, placed 
the responsibility for the local administration or super- 
vision of the law in the hands of the grandjurymen. 

A third scheme for placing responsibility for the over- 
sight of schools is indicated in an act of the court in 1690". 
This court considering the necessary and great ad-^ 
vantage of good literature, do order and appoint that 
there shall be two good free schools kept and main- 
tained in this colony for the schooling of all such 
children as shall come there after they can distinctly 
read the psalter, to be taught reading, writing, arith- 

^Barnaud, Old Hartford Scliool, p. 171. 



12 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT 

metic, the Latin and English languages — the one at 
Hartford and the other at New Haven — the masters 
whereof shall be chosen by the magistrates and minis- 
ters of the said counties, and shall be inspected and 
displaced by them if they see cause ' 

What seems to have been the forerunner of the board 
of education is suggested in the appointment of a com- 
mittee by vote of the town of Hartford in 1664. This 
committee was to be responsible for the administration 
of a portion of an estate bequeathed by Governor Hopkins 
for school purposes. The record of the vote reads that 
the committee "are desired and empowered to employ 
that said sume — according to such instructions as shall 
be given them by this town or for want of, according to 
their own discretions."^ 

Apparently the sole duty of this committee was the 
administration of the estate, or the business interests of 
the school fund. As late as 1749 the committee was men- 
tioned in the record of the town as the "school commit- 
tee," but the record quoted gives no intimation that the 
committee had any authority except as to the adminis- 
tration of the proceeds of the estate bequeathed nearly 
a hundred years before, and of such other funds as had 
been added. 

In 1753 the so-called Free School was changed to a 
Grammar School, a committee was appointed "to take 
into their hands and care, the said lands and moneys 
and all the interests appertaining to the said school, and 
apply the profits and incomes from the same to the setting 
up, maintaining and supporting of a Grammar School 
as aforesaid; and the said committee are to have and 
take the care, charge, and oversight of the said Gram- 
mar School, and make and give such general orders as 

^Barnard, Old Hartford School, p. 187. 
'Ibid, p. 176. 



HISTORICAL DEVELOPMENT OF THE OEEICE 1 3 

they shall think best for the well ordering and managing 
said school."^ 

In the above statement we see probably the first at- 
tempt to make a committee or board elected by the peo- 
ple of the community responsible for the "care, charge, 
and oversight" of all the interests of the school. Judg- 
ing from the records quoted by Mr. Barnard, this was 
a period when the people of Hartford were desirous of 
improving their school, and their attempts toward im- 
provement were marked by their placing greater respon- 
sibility on their school committee. The following record 
expresses very clearly the relationship that the people 
intended should exist between their committee and the 
"master or masters" of their school. 

1765, Dec. 30 — it is therefore voted that George 
Willys, Samuel Talcott, and William Pitkin, Jr., Esqs., 
or the major part of them, be and they are hereby 
appointed a committee in the room of the former com- 
mittee, to hire a schoolmaster, and to take into their 
care all the interests, moneys, and securities belong- 
ing to said school, and to manage, regulate and order 
the same for the best advantage thereof. That the 
said committee for the time being, do give written 
instructions to the master or masters that shall be 
employed to keep or teach in said school with regard 
to the rules he shall observe: — The method of teach- 
ing and admitting of scholars into the same; and it is 
especially recommended that such masters be instructed 
to take due care of the morals, as well as of the learn- 
ing of the scholars * 

In 1766 this school committee was increased to six 
members and enjoined to "devise some method for the 
better regulating of the Grammar School, and lay the 
same before the next meeting of the town in order for 



'Barnard, Old Hartford School, p. 191. 
"Barnard, Old Hartford School, p. 190. 



±4 tEciAL STATUS OF CITY SCHOOL supe;rinte;ndent 

their approbation." A year later the committee reported 
it as their "opinion, that the following things and regu- 
lations are still further necessary in order to the pro- 
moting and advancing good literature and the interests 

belonging to said school, " 

The first four recommendations concerned the busi- 
ness or financial interests of the districts. The remainder 
of the recommendations are of peculiar interest in that 
they show the need felt by the committee for a more 
thorough oversight of the instructional activities of the 
school, and of the relation between the instructional 
activity and suitable building accommodations.' The 
fifth and sixth clauses follow : — 

Fifth — That said committee, as soon as may be, use 
their utmost endeavors to obtain some meet person, 
duly qualified to undertake the keeping of said school, 
and to settle therein; and for that purpose, if need 
be, to make such alterations, or erect and make such 
additions to the buildings belonging to said school as 
will best serve and promote the good ends and de- 
signs of the same. 

Sixth — That said committee, from time to time, 
give directions and prescribe rules to the master for 
the well ordering of said school; that they inspect and 
visit the same at least every quarter of each year, and 
hear and attend the exercises and performance of the 
youths belonging to said school, on said quarter days, 
and desire some, or all the ministers of said town for 
the time being, to visit, assist, advise, and consult the 
best measures for the advancement of good literature 
in said school; and said committee, or the major part 
of them, do determine concerning the admission and 

number of scholars proper for said school. 

In 1789 the committee was reorganized by adding the 
pastors of the several churches in Hartford.' In the 

iBarnard, Old Hartford School, p. 192. 
'Barnard, Old Hartford School, p. 193, 



HI^TORICAI, DElVELOPMENT OF THK OFFICII 15 

record of the first meeting of the reorganized committee 
we have a beginning of what is now known as the com- 
mittee system of school board organization. One com- 
mittee of three was appointed to examine the funds, ac- 
counts, and securities, to take such measures as might 
be necessary and to report back to the board. A second 
committee was "to digest a system of Rules and Regu- 
lations for the government of said school, and lay the 
same before said trustees at their next meeting." The 
third committee was "to examine candidates" for ad- 
mission, and for "examining S*^ school monthly.' " At 
this same meeting, the board selected a chairman, regis- 
ter, and treasurer. The records of the board give ac- 
count of two examinations. The report of the committee 
on rules and regulations was made and adopted January 
6th, 1790. In 1798 the Board of Trustees was incor- 
porated by the General Assembly "under the name of the 
Trustees of the Grammar School in the town of Hart- 
ford." 

About this time (1795) the schools of the State were 
given over to ecclesiastical societies known as School 
Societies ; and the general assembly created a new group 
of officers whose sole official responsibility was the wel- 
fare of the schools. The outstanding feature of this 
legislative action was the creation in each school society 
of a board of school visitors. The effect of this change 
of responsibility for the admnistration of schools is 
described in the following extract from Mr. Barnard's 
report to the Board of Common Schools in 1842. 

Prior to 1798, these powers and duties devolved on 
the civil authority and select-men of each town, but 
in the revision of the school law, in that year, they 
were transferred to a distinct class of officers, denom- 
inated visitors, or overseers of schools, elected by each 
society, and charged exclusively with them. This 



l6 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT? 

change proved highly advantageous, for some time, but 
from the want of a more specific enumeration, and 
some modification of their powers, to adapt them to the 
altered circumstances of the schools, and of society, 
the great object of their appointment from year to year 
in a measure failed. When first appointed, the com- 
mon school was the main reliance of all classes, for 
the elementary education of children, and there was, 
therefore, connected with the discharge of their duties, 
strong parental, as well as the ordinary official, and 
benevolent interest. The number of districts were 
not as large, the schools were kept for only one portion 
of the year, and the same teachers continued in the 
employment and in the same district, for a longer time ; 
a change in these particulars has more than doubled 
the demands on the time and attention of school visi- 
tors Formerly there was a high degree of 

public consideration attached to this office, as well 
as a lively interest in all that concerned the administra- 
tion of the school system. The result of the whole 
was ascertained to be, that the mode of discharging the 
duties of inspection and superintendence, which is the 
very life of a school system, and determines, in a great 
measure, the character of the schools, was inefficient, 
irregular, and formal at best. To remedy these de- 
fects and irregularities, the powers and duties of school 
visitors are more distinctly defined in the act of 1839. 
First — They may prescribe rules and regulations 
respecting the studies, books, classification and disci- 
pline of the schools. 

Secondly — They must withhold a certificate from 
such persons as are not found qualified to teach certain 
specified branches, and annul the certificates of such 
as shall prove, on trial, to be unqualified and unfaith- 
ful 

Thirdly — They must visit all the common schools 
at least twice during each season of schooling. 



HISTORICAL oevELOPMENT OF THE OFFICE 17 

One of these visits must be made near the beginning 
of the term, and the other near the close, so that a 
right direction can be given to the school, and the 

final progress be judged of 

Fourthly — They can appoint a committee of one or 
two persons, to exercise all the powers, and perform 
all the duties of the whole board, under their advice 
and direction, and receive one dollar a day for the 

time actually employed 

Fifthly — They must prepare, when required by this 
Board, and annually for their several societies, a writ- 
ten report as to the condition of the schools, and plans 

and suggestions for their improvement ^ 

In 1840 Mr. Barnard became a member of the Board 
of School Visitors of Hartford and prepared a plan for 
the reorganization of the school districts of that city. 
In the third clause of the plan he stated clearly what he 
believed to be the proper organization and duties of the 
board of education and superintendent. 

The studies, books, discipline and supervision of the 
schools, and the management of the property and 
concerns of the district, are to be intrusted to a Board, 
two-thirds of whom shall be elected annually, and the 
other third hold over. It is also proposed, for the pur- 
pose of giving efficiency to the action of the Board, 
that they elect a superintendent who shall visit the 
schools, employ the teachers, meet with them for in- 
struction, visit the parents and guardians of such chil- 
dren as are not sent to school at all, or attend irre- 
gularly, see to the repairs and management of the 
schoolhouses ; in fine, to devote his whole time to the 
prosperity of the schools." 

The plan was not adopted in Hartford ; but it was the 
essence of the scheme for city school organization 
which was widelv advocated bv Mr. Barnard in his 



^Fourth Annual Report of the Board of Commissioners of Common 

Schools in Connecticut, Hartford, 1842. pp. 43-47. 
'Barnard, Old Hartford School, p. 240. 



i8 lb;gai. status of city school supe^rint^ndent 

writings and public addresses. It is of interest to us now 
because its principal features were later written into the 
laws of many states and particularly into special city 
charters. In 1871 Mr. Barnard wrote: 

I have lived long enough to see clearly all the car- 
dinal features of city and State school organization 
advocated in this city from 1838 to 1842, and denounced 
"as the impracticable schemes of an enthusiast," in- 
grafted into the constitutions of fifteen States, and the 
school systems of thirty-five States, and upwards of 
one hundred cities including all having over forty 
thousand inhabitants, and many more with a smaller 
population.' 

The following extracts are taken directly from the 
revised "Act concerning Common Schools" of 1841 : they 
show the provision made by the General Assembly for 
the local administration and supervision of schools. 

SCHOOL LAWS, CONN. 184I. 

Page 4, Section 3. Every school society at the an- 
nual meeting shall choose a clerk, a school committee 
of one or three persons, a board of school visitors, not 
exceeding nine persons, a treasurer and a collector, 
who shall hold their respective ofhces until the next 
annual meeting, and until others are chosen or ap- 
pointed. 

Page 5, Section 5. The school committee shall have 
the care and management of any property or funds be- 
longing to the society, and shall lodge all bonds, leases, 
notes and other securities, with the treasurer, except 
so far as the same has been, or shall be, entrusted to 
others by the donor or grantor, or by the General As- 
sembly, or by the society. 

They shall pay to the treasurer all money which 
they may collect and receive for the use of schools ; 

They shall settle and describe the boundary lines of 
any new school district, or of any existing district, or 

'Barnard, Old Hartford School, p. 241. 



HISTORICAL DEVE;L0PME;NT 01^ THE 0^^lCt\ ■ . IQ 

parts of a district within their limits, where the lines 
are not now settled and described, when applied to by 
the district, and shall cause the same to be entered on 
the records of the society. 

They shall designate the time, place, and object of 
holding the first meeting of any new district ; 

They shall give due notice of all meetings of the 
society ; 

They shall make return of the number of persons 
over four, and under sixteen years of age in said 
society, to the Comptroller, and draw orders on the 
same for any portion of public money due to said so- 
ciety, as hereinafter prescribed ; 

They shall draw all orders on the treasurer of the 
society, and perform all other lawful acts which may 
be required of them by society, or which may te 
necessary to carry into full effect the powers of the 
school societies. 

Pages 6 and y. Section 8. The Board of Visitors 
shall prescribe rules and regulations for the manage- 
ment, studies, books, classification and discipline of 
the schools in the society; 

Shall themselves, or by a committee, by them ap- 
pointed for this purpose, examine all candidates as 
teachers in the common schools of such society, and 
shall give to those persons with whose moral charac- 
ter, literary attainments, and ability to teach they are 
satisfied, a certificate setting forth the branches he or 
she is capable of teaching: Provided, that no certifi- 
cate shall be given to any person not found qualified to 
teach reading, writing, arithmetic and grammar thor- 
oughly, and the rudiments of geography and history; 

Shall visit all the common schools of said society 
twice at least during each season for schooling, once 
within four weeks after the opening, and again within 
four weeks preceding the close of the school, at which 
visits they shall examine the register of the teacher, 
and other matters touching the schoolhouse, library, 



20 LICGAI, STATUS OF CITY SCHOOL SUPI;RINTE;nde;nT 

Studies, discipline, mode of teaching, and improvement 
of the school ; 

Shall annul by a major vote of said visitors, the cer- 
tificates of such teachers as shall be found unqualified, 
or who will not conform to the law and the regula- 
tions adopted by the visitors ; 

Shall make out returns of the condition of each com- 
mon school within their limits, in such particulars, and 
at such time, as the board of commissioners of com- 
mon schools may specify and direct ; 

And shall submit to the society at their annual meet- 
ing a written account of their own doings, and of the 
condition of the several schools within their limits for 
the year preceding. 

The board of visitors may appoint a committee of 
one or two persons, to exercise all the powers, and 
perform all the duties of said visitor, subject to their 
rules and regulations ; and such committee shall receive 
one dollar each per day for the time actually employed 
in performing said duties, and such other compensa- 
tion as the society may direct, to be paid out of the in- 
come of the town deposit fund, or in any other way 
which said society may provide. 

The foregoing extracts mark three distinct phases in 
the development of the law concerning local school ad- 
ministration : (i) a dual control, with a school com- 
mittee responsible for the financial or physical aspects 
of school afifairs and a board of school visitors respon- 
sible for the instructional activities; (2) a detailed 
enumeration of the powers and duties of both the com- 
mittee and board; and (3) a greater emphasis upon cer- 
tification of teachers and supervision. The law was a 
forward step and was subject to much opposition during 
the next decade ; but the agitation for better school laws 
continued and in 1855 the General Assembly directed the 
Trustees of the State Normal School "to appoint a Com- 



HISTORICAL DEVISLOPMENT 01^ THE; OFFICE; 21 

mittee of three from their number to consider, during the 
recess of the General Assembly, the existing School 
Laws, with a view to their revision and simplification. .'" 

This committee prepared a draft of a revised law and 
submitted it to School Visitors and other friends of edu- 
cation throughout the state for their criticism. Among 
other things, they recommended that the management 
of the school affairs be restored again to the towns ; that 
a board of three, six or nine school visitors be elected to 
hold office three years, one-third being elected each year ; 
that this board perform all the duties heretofore per- 
formed by the School Committee and Board of Visitors; 
that the board elect an Acting Visitor or Town Superin- 
tendent; and that teachers should be examined by a ma- 
jority of the Board or by the town superintendent. 

They further suggested the desirability of permitting 
the Board of Visitors to elect one outside their own num- 
ber "even a non-resident of the town" as superintendent. 

This proposed revision of the school law resulted in a 
new series of school legislation begining with the Act 
of 1856 which transferred to Towns the duties and pow- 
ers of School Societies with regard to schools." The 
school committee of certain districts organized under 
the Act of 1855 was changed to a "board of education 
consisting of three, six or nine persons."^ To this board 
was delegated most of the powers which to that time 
had belonged to the board of visitors. Three years later 
the law was amended to give the board of education all 
the powers and duties belonging to the boards of school 
visitors,* one of which was the "full power to appoint an 



'^Circular concerninfj Alterations in the School Laws to School Visitors 

and Others, 1856. 
"Public Acts relating to Common Schools in force in the State op 

Conn. 1860. 
'Ibid. "17 Sec. 10." p. 10. 
nbid, 1858, 21, Sec. 1, p. 12. 



22 LEGAL STATUS OF CITY SCHOOL SUPEjRINTE^NDIINT 

acting school visitor in said district, who shall possess 
within said district all the powers, and be subject to all 
the duties by law possessed by and imposed upon similar 
officers appointed by the board of school visitors of the 
several towns."* The powers and duties of the board of 
school visitors were restricted to the "remaining portion 
of said town."' However, for those towns which were 
single districts or which had school obligations outside of 
special districts within their borders there was a sharp 
division of authority' — roughly speaking, all responsibility 
for instructional activity was lodged in the board of 
school visitors, and the care and management of any 
property or funds "was vested in the town selectmen." 

A redraft of the law in i860 sets forth the dual respon- 
sibility for school supervision very clearly and is of pe- 
culiar interest because it defines more definitely the duties 
of the acting school visitor of the town. The law pro- 
vided that any town which included ten or more school 
districts within its limits might "appoint a sub-committee 
of one or more persons, of their number, to visit the 
schools." The duties of this 'sub-committee were defined 
thus : 

It shall be the duty of the acting school visitor or 
visitors of every town, to visit every common school in 
said town in company with one of the visitors, or of 
the district committee, if such attendance can be ob- 
tained; and such visits shall be made twice at least 
during' each session of schooling, in conformity with 
the provisions of this act. It shall be their duty, un- 
less otherwise directed by the school visitors, to spend 
at least half a day in each school visit; it shall be his, 
or their duty to make a full annual report of the con- 
dition of the common schools of said town and of all 

•Ibid, 1858, 23, Sec. 3, p. 12. 

^Ibid. 1858, 24. See. 4, p. 12. 

sfbid. Chap. 2, Sec. 1-6, 1856, pp. 13-14. 



HISTORICAL DEVELOPMENT OF THE OEEICE 23 

the important facts concerning the same, to the super- 
intendent of common schools, on or before the first day 
of October, annually and to answer in writing all in- 
quiries that may be propounded to him or them on the 
subject of common schools by said superintendent. He 
or they shall also prepare an abstract of such report, 
to be read at the annual meeting of the said town/ 
For time actually employed the acting visitor or visi- 
tors were to receive "the sum of one dollar twenty-five 
cents each, per day/' the payment of this sum subject 
to his making the report required by law and the report's 
being approved by the board of visitors. In this law we 
see a movement away from the extremely decentralized 
district system to the increasing responsibility of town 
supervision. In 1865 a law was passed providing that 
any town at any time might consolidate all the school 
districts within its borders into one district;^ such con- 
solidation depended upon a majority vote by a majority 
of the districts concerned. The next year this law was 
made mandatory." These consolidated towns or union dis- 
tricts were required to elect "six, twelve, or eighteen male 
residents of the town as a school committee."^ Under 
this law the committee had in general the powers and 
was required to perform the duties that previous to the 
passage of the law had "devolved upon district commit- 
tees and boards of school visitors."^ The law not only did 
away with the dual control of district committees and 
boards of visitors but it also gave the new union district 
committee power to "appoint one or more acting visitors 
or superintendent under their direction to examine teach- 

»Laws of the State of Conn., 1860, p. 32, Par. 96, See. 3. 

'Laws of the State of Conn, relating to Education, 1868, p. 24, 
Sec. 61-62. 

^Ibid, p. 31, "1866, Sec. 1." (The following year this mandatory con- 
solidation was repealed, 1867, Sec. 1.) 

♦Ibid. p. 31-32, "1866, Sec. 2." 

"Ibid, p. 32, "1866, Sec. 3." 



24 LEGAL STATUS OF CITY SCHOOL SUPKRINTENDENT 

ers and visit schools." The old board of school visitors was 
gone; but the concept of their chief member *'the acting 
visitor" remained, although, from now on he was to be 
permitted a new title and would ultimately be clothed 
with additional powers and greater responsibility. Such 
are the milestones in the slow but sure development of the 
legal machinery and underlying causal conceptions which 
lead to the better legal organization of school administra- 
tion. 

The laws of the next fifteen years indicate a backward 
trend of public sentiment toward the decentralization of 
towns into the old district organization. However, the 
permissive features of the law of 1866 remained with two 
slight exceptions. The question of consolidation or de- 
centralization rested upon a majority vote of all the 
electors of the town,* and the term "superintendent"' was 
omitted from the wording of the act as quoted above. 

After a period of debate lasting twenty years the word 
"superintendent" again was written into the law — this 
time to stay — and with the additional provision that he 
might be "not one of their own number," i. e., one of the 
board or committee.^ His salary was fixed at two dollars 
a day, each, for the time actually employed in the perform- 
ance of their duties — and "such further compensation as 
their respective towns may fix at an annual meeting."" 

The slowness with which old ideas disappear and new 

•"Laws of the State of Conn, relating to Education, 1879." p. 21, also 

•'1875, Sec. 1-2." 
'Ibid, p. 22, "1875, See. 4." 

*Laws of the State of Connecticut, 1886, page 1, chap. 39. 
An Act Concerning Acting School Visitors. 

Section 1. Boards of Education, town committees and board of 
school visitors may appoint a person, not one of their own number, 
to be acting school visitor or superintendent of schools. 

Section 2. The acting school visitor or superintendent thus ap- 
pointed shall have all powers, perform all the duties and receive 
the pay now prescribed by law for acting school visitors. 

Section 3. Any town, at its annual town meeting, may fix the 
compensation of the acting school visitor or superintendent. 
"Ibid, 1886. Sec. 13, p. 24. 



mSTORlCAI, DEiVEItOPMKNT OP* THE OJPE^ICEi 2$ 

concepts gain a place in the law is shown in Chapter 195, 
paragraph i, of the Act of 1903 providing for "Super- 
vision of Schools." 

The town school committee or board of education or 
board of school visitors of any town may choose by 
ballot a superintendent of schools and may fix the sal- 
ary and prescribe the duties of acting visitor as now 
prescribed by law. A majority vote of all the members 
of the committee or board shall be necessary to an elec- 
tion.' 

And it is well in this connection to note the persistence 
of the idea written in the original law of 1856 and re- 
iterated again in 1872 and 1888, namely, that the secre- 
tary of the board of school visitors should always be the 
acting visitor or one of the acting visitors,* Even in 
1904 the election of a superintendent of schools was only 
permissive; and boards still had the privilege of making 
their secretary the acting school visitor. 

But the law of 1903 definitely recognized the office of 
"superintendent" and did not make it synonomous with 
the term "acting visitor." The persistence of the old con- 
cept held over, however in that the superintendent's 
duties "shall always include the duties of acting visitor 
as now prescribed by law." 

This law of 1903 marked two great steps in the develop- 
ment of the superintendency. First, it stated minimum 
requirements for eligibility to the office of superintendent 
and the right of the State to approve each candidate for 



^Conn. School Document No. 3, 1904, Laws relating to Schools, Chap 
9, See. 115, p. 34. 

<Laws of the State of Conn., 1856. Paragraph 103, page 31, Chap. 8. 
The secretary and other school visitors shall receive two dollars 
a day each while actnally employed, and a lige proportion for parts 
days, and such further compensation as their respective towns 
may fix at an annual meeting. 



26 LEGAL STATUS OF CITY SCHOOL SUPE;RINT:eNDE;NT 

appointment.^ Second, the law further recognized the 
State's interest in the proper local supervision of schools 
by providing for the creation of local "supervision dis- 
tricts" with superintendents approved by the State and 
drawing half (not to exceed eight hundred dollars per 
year) of their salary from the State. The same law ex- 
tended this principle even further by providing that, when 
a local district employing not more than ten* teachers 
petitioned the state board of education the latter should 
be "authorized to appoint an agent who shall discharge 
the duties of superintendent and who shall be qualified as 
provided in Section ii8," the State to pay three-quarters 
of his salary and the local district one-quarter. 

It will be noted that the above law was permissive only 
and its operation rested on local initiative;^ but in 1910 
thirty-three towns had employed superintendents; twelve 
districts were operating under the provision for "super- 
vision districts ;" six towns with twenty to thirty teachers 
each were enjoying the same financial privileges from 
the State as the supervision districts (see Act of 1909, 
chapter 225, paragraph 2) ; and sixty-three towns em- 
ploying less than twenty teachers each had supervising 
agents appointed by the State board of education. The 
State's interests in the local supervision of schools and 
its willingness to pay for the same had borne fruit.. Six 
years of experience had convinced the people of Connec- 
ticut that they could secure better supervision of their 
schools through the help and control of their State edu- 
cational authorities than they could through their locally 

'Laws of 1904, page 35, section 118, chapter 9. Par. 118. No person 
shall be eligible for appointment under Paragraph 115 who has' 
not had at least five years' successful experience as a teacher or 
superintendent, or who does not hold a certificate of approval by 
the state board of education 

'Conn. School Document No. 3, 1904. Laws Relating to Schools, p. 35, 
section 119, chapter 9. 

'^Conn. School Document No. 10, 1910. Laws Relating to Schools, 
p. 46, 47, 48. 



HISTORICAL, de;vj;lopme;nt of thk office; 27 

elected representatives and so in 1909 we find the State 
legislature passing the following mandatory legislation: 

Every town which employs not more than thirty 
teachers and in which there is no superintendent of 
schools or supervision agent shall, at its first annual 
or biennial town meeting after January i, 1910, vote 
by ballot to determine whether it will instruct its 
school visitors, town school committee, or board of 
education to employ a superintendent of schools or re- 
quest the appointment of a supervising agent under 
the provision of this Act/ 

Such was the result of more than two hundred fift> 
years of experience and thought in Connecticut as to the 
best means of administering the schools of the State. 
OHIO gfne;ral legislation 
The first State Constitution of Ohio, 1802, devoted Ar- 
ticle VIII to the cause of education. The first public 
school law was passed by the general assembly, January 
22, 1821." It permitted the people of each township to 
determine whether they would have free district schools. 
It provided for the election of a school committee of three 
householders in each district who were to serve for one 
year; and enumerated their powers and duties at some 
length. February 5, 1825, a second law was passed 
making it mandatory for the trustees of each township to 
divide the same into school districts. The duties of the 
school committee were practically the same as in the 
permissive law of 1821. The county court of common 
pleas was to appoint annually "three examiners of com- 
mon schools, who, in addition to examining candidates 
for certificates, were clothed with the function of visiting 
the schools." This latter function was permissive only ; 
and there is little evidence that the power was ever exer- 



"Connecticut Laws of 1910, p. 48, Sec. 142. (Ch. 10.) 
'Hinsdale "History of tbe Ohio School System, p. 132. 



28 Ive;gal status o? city school superinteindent 

cised. "By the law of March lo, 1831, school directors 
(were) constituted a body politic and corporate,'" and a 
provision of the same law made the clerk of each school 
district responsible for taking annually a "list or enumer- 
ation in writing, of all the white youth in his district be- 
tween the ages of four and twenty-one years" and for 
making a return of the same to the county auditor. 

The office of state superintendent of common schools 
was created in 1837; and a new educational law° was 
passed March 7, 1838. This law recognized the need of 
better local supervision. "Every township clerk was 
made superintendent of common schools within his 
township, his duties included visiting all the schools an- 
nually, inspecting the teachers' records, observing the 
management and making suggestions to teachers, filling 
casual vacancies in boards of directors, assuming direc- 
tors' functions himself when boards failed to serve, and 
taking the enumeration of school children, a task which 
had hitherto devolved upon the district clerk since 183 1." 
The law also provided "that cities, encorporated towns, 
or boroughs shall constitute separate school districts 
wherein the electors shall choose either three directors 
from the district at large, or one from each sub-district." 
During the next decade, the law of 1838 was amended, 
at various times, lessening the power of the township su- 
perintendent and again increasing the power of the dis- 
trict directors : the term of directors was increased to 
three years, one being elected each year. Not until 1851 
did the township clerk regain the standing as township 
superintendent of schools that was delegated to him 
under the Act of 1838. 

The Act of February 21, 1849, provided for the better 



*Hinsdale History of the Ohio School System. 
•Ibid, pages 138-140. 



HISTORICAL DEVI;i.OPME;nT 01^ THIC OFFICE) 29 

regulation of schools in cities, incorporated towns and vil- 
lages, "two thirds of whose inhabitants should petition 
the town council for its adoption."^ It provided for the 
election of six school directors, two chosen annually for a 
term of three years. "The Act of 1849 — seems to have 
given the municipal council no place at all in the system. 
The board of education was made the taxing authority ; 
but it had to submit the question to the people and the 
rate of the tax was limited to four mills. A statement 
of finances and certain other matters had to be made pub- 
lic at each annual election." 

In 1853 a new law brought about a modification of the 
township organization.' It provided for a township board 
of education consisting of a township clerk and the clerks 
of each of the sub-districts of the township. This town- 
ship board could "appoint one of its members acting man- 
ager of schools for the township, with such duties as the 
board might prescribe with relation to the management 
and supervision of the different schools." He was to 
receive compensation for his services. This privilege of 
appointing "an acting manager" was likewise delegated to 
boards of cities and towns.^ Such was the early effort of 
the State of Ohio to meet the needs for local supervision 
of schools. During the next twenty years Ohio had very 
little general legislation affecting the administration of 
schools in incorporated towns and cities. 

The law of May i, 1873, introduced the idea of classi- 
fication of cities for purposes of school legislation.* All 
cities having a population of ten thousand or more by 
the census of 1870 were styled city districts of the first 
class. All cities of less than ten thousand were known 



^Hinsdale H. O. S. S., pages 142-143. 
>Ibid, 148-149, Ohio School Laws, 1865, p. 17-27. 
'Ohio School Laws, 1865, pp. 81-82, Sec. LXVI. 
.♦Hinsdale, H. O. S. S., pp. 151-152. 



30 i^EGAi, STATUS OF CITY scHooiv supe;rinte:ndi;nt 

as city school districts of the second class.' The law also 
recognized village, special, and township districts. The 
latter included all territory outside of incorporated vil- 
lage or city districts and were made up of sub-districts. 
In cities of the second class the board was to consist of 
six members elected at large, except in those districts 
which had already organized with the board of three 
members, or who chose to adopt the scheme of ward 
membership — when they should elect one member from 
each ward.* This law made two other definite advances 
over previous legislation. It made the board of educa- 
tion free from the control of the municipal government 
by giving the board of education control over all school 
property^ and by vesting in it the sole power of levying' 
local school taxes and controlling school finances. Here 
we first note in the Ohio general school law the right of 
the board to elect a clerk' who may not be a member of the 
board. Each board was explicitly empowered "to appoint 
a superintendent* and assistant superintendent of the 
schools, (and) a superintendent of buildings." About 
this time the law begins to specify certain duties of the 
superintendent. He must give certain information'' to the 
city board of examiners, keep* the records and report to 
the board "each year such matters as they deem import- 
ant or necessary for information in regard to the man- 
agement and conduct of the schools, and to make such 
suggestions and recommendations as they may deem 
advisable relative to methods of instruction, school man- 
agement, or other matters of educational interest." Here 



«Ohio School Laws, 1880, pp. 5-7, sec. 3885-3892. 

«Ibid, 1880, p. 9, chap. 3, sec. 3904-3907. 

nWd, 1880, Chap. 7, pp. 45-48. Sec. 3971-3972. 

nbid, 1880, p. 39, Sec. 3950-3960. 

nbid, 1880, p. 49, Sec. 3980. 

<Ibid, 1880, pp. 69-70, Sec. 4017. 

^Ibid 1880, p. 103, Sec. 4078, 

spbld, 1880, p. 92-93, Sec. 4059. 



HISTORICAL de;ve;ivOpme;nt o? tnt o^^ict 31 

too, in an opinion rendered by the State Commissioner of 
Common Schools we find the germ of a new principle of 
school legislation, viz., the responsibility for the exercise 
of a function differentiated between the board of educa- 
tion on the one hand and the superintendent and the 
teachers on the other. The opinion reads, "The General 
Course of Study shall be prescribed by the board of edu- 
cation, but the studies to be pursued and the lessons to be 
prepared by each pupil should be left to the teachers or 
superintendent."^ 

The passage of the compulsory education law, April 
25, 1890, marked a further step in the progress of general 
school legislation affecting the superintendency. First, 
in the city schools the superintendent was the only school 
officer entitled under the law to excuse a child of com- 
pulsory school age from school attendance, or to decide 
whether or not private instruction was satisfactory to 
legal requirements : any appeal from the superintendent's 
decision had to be taken to the probate judge whose deci- 
sion was final.* Secondly, the superintendent was sub- 
ject to a penalty under the law for non-enforcement of 
the provisions of the act.' During this same period a 
"temperance instruction law" was passed and the super- 
intendent as a school official was held subject to a penalty 
for wilfully refusing or neglecting to provide for the 
enforcement of the act.' 

The next legislation we note directly modifying the 
office of superintendency of schools was passed April 25, 
1904. It did away with all classification and gradation 
of city school districts.* This law compromised the two 

'^Ohlo State School Law, 1880, p. 73, Footnote to Sec. 4020. 

iQhio State School Law, 1900, pp. 145-147, (1422-1) Sec. 1, (4022-3) 

Sec. 3. 
'Ibid, 1900, p. 152 (4022-11) Sec. 11. 
'Ibid, 1900, p. 143 (4020-25) Sec. 3. 
«0.hio School Law, 1904, p. 15, Sec. 3886. 
•Ibid, p. 19, Sec. 3897. 



2,2 LEGAL STATUS OF CITY SCHOOL SUP^RINTElNDKNT 

schemes of school board representation" in that it pro- 
vided that from two to seven members should be elected 
from the city at large ; and that from two to thirty mem- 
bers should be elected one each from each sub-district. 
Within these limits each city was to decide the size of it^ 
board of education and to divide the city into sub-districts. 
The independence of the city school authorities from all 
other municipal authorities was maintained." Under the 
law the board of education had "full power to appoint a 
superintendent of the public schools ;....; and, if deemed 

essential for the best interests of the schools the 

board may, under proper rules and regulations, appoint 
a superintendent of buildings.'" This latter official was 
known in the law, also as "a director of schools." His 
term was fixed at two years and his maximum salary was 
$5000 per year. His powers and duties were enumerated 
at length. All of his official acts were subject to the ap- 
proval and confirmation of the board. His only legal 
connection to the superintendent was a requirement that 
"the payroll for teachers, assistant teachers and super- 
visors shall be countersigned by the superintendent of 
instruction." Section 4017a of the law made it manda- 
tory for each city board of education "to appoint a suit- 
able person to act as superintendent of the public schools 
of the district."* His term was not to exceed five years. 
Upon the acceptance of his appointment, he was "thereby 
empowered to appoint, subject to the approval and confir- 
mation of the Board, all the teachers/' and he might "for 
cause suspend any person thus appointed until the board 
or a committee of the board may consider each suspen- 
sion." A city board "upon a three-fourths vote of its 



"Ohio School Laws, 1904, pp. 33-35, Sec. 3971-3972. 

'Ibid, p. 103, Sec. 4017. 

'Ohio School Laws, 1904, p. 105. 



HISTORICAL DEiVEtOPMlSNT OP* T^Iit OFFIC^ 33 

full membership" might reemploy any teacher whom the 
superintendent had refused to appoint. His duties were 
further specified as follows: "Said superintendent shall 
visit the schools under his charge, direct and assist teach- 
ers in the performance of their duties, classify and con- 
trol the promotion of pupils, and perform such other 
duties as the board may determine." He was also re- 
quired to report to the board annually, and oftener if re- 
quired, as to all matters under his supervision." The 
board might require him to attend any or all meetings of 
the board ; and when there he had the privilege of taking 
part in all deliberations but had no vote. The law also gave 
the superintendent or a person authorized by him the sole 
authority for granting age and schooling certificates.^ 

With only slight exceptions the law of 1904 so far as 
it concerns the office of the superintendency is still in 
force.^ The election of a "director of schools" is still 
permissive. The experience of Ohio cities as to size and 
representation on boards of education presumably crys- 
tallized during the 'fifteen year period into the general 
school law of 1919 which provided that cities under 50,000 
population should elect a board of education of from three 
to five members from the city at large; that cities above 
150,000 should elect from the city at large a board of 
from five to seven members ; and that cities of from 
50,000 to 150,000 population, in addition to from two to 
seven members elected at large, might divide the city into 
two sub-districts and elect one member from each sub- 
district." After three quarters of a century of experimen- 
tation, Ohio's verdict is in favor of small boards elected 
at large. 



»Ohio School Laws, 1904, p. 114, Sec. 4022-2. 

'Ohio School Laws, 1915, p. 247, Sec. 7703. 

^Advance Sheets. Ohio School Laws, 1919, p. 19, Sec. 4698. 



34 I^EGAI, STATUS O^ CITY SCHOOI, SUPJSRINTSNDENT 
OHIO. SPECIAL LE;GISIvATION 

In addition. to the account of general city school legis- 
lation given above, certain experiments in local city 
school administration permitted through special chartef 
legislation are of interest. The first special city charter* 
granted was to Cincinnati, February 12, 1829. This 
charter created three bodies responsible for city school 
administrative functions. The city council was the chief 
body and controlled all fiscal matters ; a board of trustees 
and visitors consisting of one member from each ward, 
elected by the voters, was vested with the appointing 
and organizing powers; the "board of examiners and in- 
spectors" appointed by the board of trustees and visitors, 
examined teachers and inspected from time to time the 
instruction and government of the schools. 

In 1850 an act was passed which authorized the quali- 
fied voters of Cincinnati to elect annually one superin- 
tendent of schools. His duties were to visit all the com- 
mon schools in the city and establish under the direction 
of the board of trustees and visitors a course of study ; 
also to make rules and regulations to promote the progress 
of the school."" Here again was vested in a single office 
filled by one man certain of the inspectorial or super- 
visory functions that, had belonged to the "board of ex- 
aminers and inspectors" and certain administration func- 
tions that formerly had rested upon the "board of trustees 
and visitors." In 1853, "the functions of levying school 
taxes, providing school houses, and laying off school dis- 
tricts" were taken from the city council and vested in 
the school board which now consisted of two members 
elected from each ward. 

The following taken from "an abstract of the report of 
the Board of Education of the City of Cleveland," 1854, 

■•Hinsdale, The History of Ohio's School System, p. 141. 
^Ibid, p. 141. 



throws interesting light on the shortcomings of the Act- 
ing Manager provided for in the act of 1847, and the 
reasons given at the time for electing a superintendent. 
Superintendeitt of Instruction. — This is also a new 
feature in our system. The Acting Manager, assisted 
by the members of the Board, had exercised a general 
supervision and care over the school. Their attention, 
however, was necessaritly directed more to business 
than to instruction. There had been no one to super- 
intend this department, with special reference to intro- 
ducing the best methods of instruction and discipline. 
The want of superintendence had long been felt. To 
supply this want, to produce uniform classification, and 
to add to the general efficiency and usefulness of our 
schools, the office of Superintendent of Instruction was 
created/ 

At the same time there was "conferred upon the Secre- 
tary of the Board the duties and powers formerly exer- 
cised by the Acting Manager." The concept, embodied 
in the above statement, of the superintendent as solely a 
supervisor of instruction is embodied clearly in the enu- 
meration of the "Duties of the Superintendent" as set 
forth in the "School Rules and Regulations, revised and 
adopted, October, 1856."' The "Manual of the Board"' 
as contained in the annual report of the Cleveland Board 
of Education for 1868-69 enumerates the following pow- 
ers and duties of the Superintendent: 

To be the Executive Officer of the Board. 

To supervise the work of Instruction, etc. 

To prepare Blanks and prescribe Rules for Reports. 

Inspect School Buildings, and report condition thereof. 

Keep the Board advised as to School Systems, etc. 

To fix and observe office hours. 



^Annual Report of the State Commissioner of Common Schools in Ohio, 

1854, p. 99-106. 
'^Cleveland, Annual Report, Board of Education, 1855-56, p. 84. 
•Cleveland, Annual Report, Board of Education, 1868-69, pp. 149-151. 



36 htGAt STATUS OF CITY SCHOOt SUP^RlNTEiNDENT 

To make reports. 
To call Teachers' Meetings. 

To fill Vacancies and make Temporary Arrangements. 
To fix the Time, Mode and Standards of Examinations. 
To perform other Duties prescribed by the Board. 
The relative importance, in the judgment of the board, 
of their two chief officers, is indicated in their respective 
salaries:^ Superintendent of Instruction, $4cxx); Super- 
intendent of Buildings, $1800. 

In the mass of special legislation enacted between 1880 
and 1900 under the guise of general legislation for grades 
of cities in the first class we find Cleveland experimenting 
with an entirely different sort of city school administra- 
tion. "The legislative powers and authority" was vested 
in a school council consisting of seven members, and re- 
ceiving an annual salary of $260 each. The term of 
office was fixed at two years. The law also provided for 
the biennial election by the qualified voters of the dis- 
trict of a "school director" who should be the executive 
head of the school system, devote his entire time to the 
duties of his office, and receive an annual salary of $5000. 
Among his duties was the following : 

(Superintendent of Instruction; term, etc.) 
I. The school director shall, subject to the approval 
of and confirmation by the council, appoint a superin- 
tendent of instruction, who shall remain in office dur- 
ing good behavior and the school director may at any 
time, for sufficient cause, remove him ; but the order for 
such removal shall be in writing, ^specifying the cause 
therefor, and shall be entered upon the records of his 
office; and he shall forthwith report the same to the 
council, together with the reasons therefor. The super- 
intendent of instruction shall have the sole power to 
appoint and discharge all assistants and teachers au- 
thorized by the council to be employed, and shall report 

♦Cleveland, Annual Report Board of Education, 1868-69. 



HISTORICAL DEVELOPMENT OE THE OEElCE 37 

to the school director in writing annually, and oftener 
if required, as to all matters under his supervision, and 
may be required by the council to attend any or all of 
its meetings; and except as otherwise provided in this 
act, all employees of the board of education shall be 
appointed or employed by the school director. He 
shall report to the council annually, or oftener if re- 
quired, as to all matters under his supervision. He 
shall attend all meetings of the council and may take 
part in its deliberations, subject to its rules, but shall 
not have the right to vote. (89 v. 76).* 
This act seems to have been the culmination in Ohio 
legislation of an ideal of school administration that sub- 
ordinated the professional school executive to a lay execu- 
tive elected by the people; and it is typical of a scheme 
that has carried over into many cities of the country 
under a commission form of government. In Cleveland 
it did not last as was noted above in the general legis- 
lation of 1904. 

SUMMARY 

1. The earlier school legislation delegated the local 
enforcement of the same to civil authorities, such as the 
selectmen and grand jurymen of Connecticut, and the 
township clerk of Ohio. 

2. This principle of vesting local civil authorities with 
the local administration of schools has gradually lost force 
until in Ohio and Connecticut we find the only trace of 
it in the control that the town selectmen of Connecticut 
have over the question of building and the taxing power. 

3. The first legislation that sought to create officials 
responsible solely for local administration and supervi- 
sion of schools, provided for the election of boards, 
usually by popular vote, such as the board of school 

'Ohio School Laws, 1900, pp. 30-31, (38»9-10), Sec. 10. 



S8 IvElGAI, STATUS O? CITY SCHOOI, SUP^RINT^ND^NT 

visitors in Connecticut and the board of trustees and visi- 
tors in Cincinnati (special charter 1829). 

4. The next step was to empower these boards to ap- 
point a sub-committee which should be responsible for 
performing the duties assigned by law to the full board. 
In Connecticut these were known as the Acting School 
Visitors. In Cincinnati a similar committee from the 
functional standpoint was the "board of examiners and 
inspectors." 

5. The powers and duties of these sub-committees 
gradually crystallized, in various forms^ into one official 
position: — in Connecticut the "Acting Visitor;" in Ohio 
the "Acting Manager." 

6. In the earlier forms, this one position, invariably 
included the clerical or secretarial duties of the Board, 
This is illustrated in the clause of the Connecticut law 
which provides that the board of visitors might appoint 
one or more of their number as acting visitors, one, of 
whom should be the clerk of the board. The same prin- 
ciple is illustrated in the reorganization of the Cleve- 
land board in 1853, which delegated the powers of the 
former Acting Manager to the Secretary, and created 
the office of Superintendent of Instruction. 

7. The supervisory and executive functions of the com- 
mittee of one differentiated into the office of superintend- 
ent of instruction. 

8. In Ohio the executive functions further differen- 
tiated into two positions: a director of schools and a su- 
perintendent. The relative importance of the two is indi- 
cated in the fact that a director may be elected ; a super- 
intendent must be. 

9. After some trial of almost every possible scheme of 
local school administrative machinery, in both states, the 
law recognized the value of small boards, elected at large 
— this board to appoint the superintendent. 



HISTORICAL DElVELOPMENT 01^ THK OFFICE) 39 

10. The law recognizes the superintendent as a State 
official, in that it — 

a. Empowers a centralized State authority to deter- 

mine the qualifications for the office and to 
judge the fitness of each individual. 

b. Specifies certain duties and responsibilities of the 

office. 

c. Assigns to the superintendent duties over which 

the board of education has no control whatso- 
ever. 

d. Holds the superintendent liable to penalty for 

non-performance of certain specified duties. 

11. The Connecticut law has recognized the right of 
the state centralized educational authority to appoint and 
dismiss the local superintendent when said State authori- 
ty is responsible for payment of part of said superintend- 
ent's salary. 



Chapter III 

GENERAL SCHOOL LAWS CONCERNING CITY 

SCHOOL ADMINISTRATION 

"In law we have the persistence of parchment, of Latin 
terms, of obsolete phrases, qi seals, of criers, of wigs and 
gowns." — Ross, Social Control, p. 193. 

Likewise in the school laws of todav we find inter- 
woven with new concepts old ideas that were written into 
the law during a pioneer period ; and we find principles 
of a modern day operating as best they can through an 
administrative organization that has long outlived its 
usefulness. 

The essence of this chapter is tabulated in Chart A of 
the appendix. The information is taken from the publica- 
tion of school laws of each state under the date given in 
the chart. In a few cases where the session laws of each 
session of the general assembly or legislature of the state 
were available in addition to the publication of the gen- 
eral school law, the date on the chart indicates that all 
laws in force up to and including said date were read and 
tabulated. 

Table one indicates the classification of districts in each 
state and the class or classes of districts to which the data 
of Chart A and of this chapter apply. Inasmuch as a 
separate chapter is given to the school laws of the larger 
and more populous cities of various states, this chapter 
is devoted to the general legislation applying to the 
smaller cities. However, in many of the states the class- 
ification varies for dififerent purposes ; and, occasionally, 

40 



STATUS 01'' SUPEjRINTliNDUNT IN 48 STATERS 4I 

in this study, a principle is tabulated when it applies only 
to a certain group of the general class of districts under 
consideration. While certain of these variations are in- 
dicated in footnotes or in the general discussion of the 
law, the chief purpose of this chapter is to set forth the 
general principles embodied in the laws as they concern 
the relationships and particular responsibility of board of 
education, superintendent, teachers, municipal civil au- 
thorities, the public, county officials, and centralized state 
authority. 

It should be noted here, also, that certain of the states 
operate their schools altogether under the county sys- 
tem, the only schools which are exceptions being those of 
the cities under special charters. Florida, Georgia and 
Maryland are striking examples of this organization. 
They are omitted from this discussion because their coun- 
ty boards and county superintendents do not fit into a 
study of the relationships between city superintendent 
and city board of education. North Carolina, South 
Carolina and Tennessee constitute a second group whose 
general legislation for the administration of city schools 
is quite limited. Louisiana is included in the study, al- 
though its parish system belongs to the county type rather 
than to the city type. California, Arizona, and Missouri 
are typical of a number of states where the county system 
dominates and where the special needs of cities have 
been recognized largely through special charter legisla- 
tion. New York and Pennsylvania have evolved a classi- 
fication of cities that makes legislation for all cities of any 
designated class fairly satisfactory. 

CONSTlTUTlONAIv PROVISIONS 

"The General Assembly shall establish and maintain 
an efficient S3^stem of public free schools throughout the 
State." — ^Virginia, State Constitution, Sec. 129. 



42 IvUGAI, STATUS O? CITY SCHOOL SUPDRINTI^NDE^NT 

The foregoing is a typical constitutional provision for 
the public school system of any of the states. For the pur- 
pose of this study a more specific provision is contained 
in the State Constitution of Arkansas, Article XIV, 
Sec. 4: 

"The supervision of public schools, and the execution 
of the laws regulating the same, shall be vested in and 
confided to such officers as may be provided for by the 
general assembly.'" 

An interpretation of clauses such as the above is set 
forth clearly in an opinion handed down by the State 
Supreme Court of Texas. After quoting from Article 

VII, Sec. I, of the State Constitution, " It shall be 

the duty of the Legislature of the State to establish and 
make suitable provisions for the support and maintenance 
of an efficient system of public free schools," the court 
rendered the following opinion, — "This devolves the duty 
of establishing and maintaining public free schools upon 
the Legislature, and shows that the function of such es- 
tablishment and maintenance was to be performed by 
State agencies . . . . , Though, in a sense, a county officer, 
and though called 'county superintendent/ he is, in fact, 
the officer and agent of the State, the State having as- 
sumed the functions of maintaining public free schools 
for the education of the children throughout its domain, 
the counties being recognized with reference to that busi- 
ness merely as convenient subdivisions of territory, and 
some of their officers as proper agents for the administra- 
tion of affairs relating to the public free schools.' 

From the opinion rendered as stated above it was an 
easy and most logical process of reasoning that assigned 
to the city superintendent certain powers and duties there- 

'Arkansas School Laws, 1914, p. 33 (7505). 
»Texas School Laws, 1917, p. 20. 



STATUS 01^ SUPIlRINTeNDENT IN 48 STATEJS 43 

tofore vested in the county superintendent when cities 
were made free of all county control/ 

CLASSIFICATION OF CITY DISTRICTS 

Table I shows the basis used by different states for 
classifying city school districts; and also indicates the 
smallest unit that the states have considered should em- 
ploy a superintendent of schools. A number ot the states 
not included in the table operate under a county organiza- 
tion and so have made no provision in the general school 
law for the administration of city schools. A few, such 
as New York, classify for certain purposes, but group all 
of those classes into one class in legislation concerning the 
duties of the superintendent. The table does not include 
all states that have classified city districts ; but it is typi- 
cal. It shows that for purposes of legislation city dis- 
tricts are classified on the basis of average daily attend- 
ance, pupils enrolled, school population of certain ages, 
number of teachers, and city population. In Delaware the 
willingness and ability of the district to meet certain speci- 
fied requirements determine its operation under the law. 
The table also shows, not only the classes of districts 
considered in this study, but, particularly, the minimum 
size of cities in the states permitted under the law to em- 
ploy a superintendent. Roughly, these minimum figures 
are: 1000 to 50CXD population, 20 to 50 teachers, 350 to 
500 pupils. If the states not included in the table are 
considered, also, there seems to be a tendency toward 
making population the basis of classification for school 
purposes. 



'North Carolina, 1917, p. 59, Sec. 4137. "By and with the consent of 
the county board of education, the school committees of two or 
more contiguous districts in any city or town may, by a majority 
vote of the committee in each district, employ a practical teacher, 
who shall be known as the superintendent of the putlic schools 
of such district, and he shall perform all duties of the county 
superintendent of puilic instruction as to such districts. (Italics 
by the author.) 



44 IvEGAIv STATUS 01? CITY SCHOOIv SUPEjRINTENDEJNT 

TABLl? 1. CLASSIFICATION OF CITY DISTRICTS 

Showing the basis of classification in certain typical states, the classes 

of districts chiefly considered in this chapter, and indicating 

the minlmnm sized cities that are permitted to 

employ a city school superintendent. 

Names and definitions 

of classes considered 

State Basis of Population chiefly in this study 

Alabama Population 1st class, 6000 ; 2nd 

class, 2000-6000 

Arizona Average Daily Attendance. 500 or more pupils 

Arkansas Schiool Pop. 6-21 yrs. of age 5000 or more 

Colorado School Population 2nd class, 350-1000 

pupils 

Connecticut No. of Teachers 30 or more 

Delaware Conforming to Statutoi-y 

Provisions Special Districts' 

Idaho Wealth & No. of Teachers Independent, Class A, 

20 or more teachers 

Illinois Population 1000-100,000 

Kansas Population 2nd class, 2000- 

15,000 
Kentucky . . Population 2nd, 3rd, 4th Classes 

2500-100,000 

Maine No. of Teachers' 50 or more 

Montana Population 1st Class, 8000 

Nebrasfra Population 1st Class, 5000 ; 2nd 

Class, 1000-5000 
Nevada No. of Teachers Graded Dist. 10 or 

more teachers 
New Hampr;hii'e . . No. of Teachers Supervising Unions, 20 

or more teachers 
Ohio . . Population Cities : 3000-50,000, 

50,000-150,000,150,- 

000 — 

Oregon School Population 1000 or more pupils 

Pennsylvania Population 1st, 500,000 ; 2nd, 30,- 

000-500,000 ; 3rd, 
5,000-30,000 

Utah Population 1st Class' ; 2nd Class 

.Vermont No. of Teachers' Supervision Districts, 

25 or more 
Virginia • Population 1st Class, 10,000 or 

more 
Wyoming Population City, 1000 or more 

people 

THE SUPE;RINTeNDE;NT — HIS RE;LATI0NSHIP TO THE) IlLEC- 
TORATS — HIS Ti;rm OF OE'FlCE AND Te^NUREJ 

Table II shows the provision that state legislative 

bodies have made for choosing city school officials, their 

term of office, and the authority for removal of the chief 

executive ofTcer. Omitting the three sta'tes already 

noted, all of the others have local city boards. In six 



STATUS OF SUP^RINTSNDeJNT IN 4^ STATeIS 45 

states these boards are appointed; in the others they are 
elected by popular vote. In number they range from 3 
to 15 members with the mode at 5 or 6. They serve from 
2 to 6 years each with the mode at 3 years. In Virginia 
the State Board of Education appoints and may remove 
the city superintendent of schools." In Delaware the city 
board appoints the superintendent subject to the approval 
of the state commissioner of schools.'' In New Hamp- 
shire the city board nominates and the state board upon 
consultation with the local board appoints." In Penn- 
sylvania the city board appoints ; but if one-third of the 
board and others of the city protest the appointment 
to the state commissioner he may refuse to confirm the 
appointment.* In Vermont and Connecticut the state 
boards of education appoint the local superintendent for 
certain classes of districts. 

The usual term for which a superintendent may be 
elected is one year; but most of the states have recog- 
nized the value of a longer time. Four states have made 
the term definitely four years ; one, three years ; two, two 
years; sixteen states permit boards to elect for terms not 
to exceed two, three, four, or five years, as the case 
may be; two or three have provided for initial terms of 
one or two years, and for terms of two, three or four 
years when reappointed. The underlying principle in de- 
termining the maximum length of term for which a super- 
intendent may be elected seems to be the length of term 
for which a member of the board is elected. In a few 
cases however the maximum term length is merely an 
arbitrary figure. 



^Virginia School Laws, 1915, p. 7, Sec. 8. 

^Delaware, 1919, p. 60, Sec. 137. 

^New Hampshire, p. 5, Sec. 9-7. 

*Penn., The School Law, 1919, p. 73, Sec. 1141. 



46 IvliGAI, STATUS OE* CITY SCHOOlv SUP^RINT^lSTDi^Nf 



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STATUS OF SUPERINTEINDDNT IN 48 STATES 



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4^ LEGAL STATUS O^ CITY SCHOOL SUPJ^RINTieND^NI? 

With the exceptions noted in Table II the power to 
remove the superintendent is vested in the city board of 
education. In South Dakota "he holds his office during 
the pleasure of the board."* In Utah he "may be re- 
moved from his office for cause by the vote of two-thirds 
of the board."^ In Minnesota "such removal must be by 
a concurrent vote of at least four members, at a meeting 
of whose time, place and object he has been duly noti- 
fied, with the reasons of such proposed removal, and after 
an opportunity to be heard in his own defense."^ In 
Massachusetts his removal from office must be by a two- 
thirds vote of the full membership of the committee (city 
board of education) and "with the consent of the (State) 
board of education to such dismissal.'" In Virginia he 
may be removed by the state board of education "for 
cause and upon notice."^" 

The Montana law contains a tenure provision for the 
superintendent — "provided, that after his successive em- 
ployment he shall be deemed elected from term to term 
of three years each, thereafter, unless the board of trus- 
tees shall by a majority of the votes of its members give 
notice to such superintendent on or before the first of 
February of the last year of the term of his employment 
that his services will not be required for the ensuing 

, J Til 

term. 



'South Dakota School Laws, 1918, p. 93. Sec. 204. 
"Utah School Laws, 1919, p. 945, Sec. 4669. 
^Minnesota, 1915. p. 37, See. 76-4 (2752). 
'Massachusetts, 1915, p. 31, Sec. 44. 
i^Virginia, 1915, p. 7, Sec. 8. 
''Montana School Laws, 1917, p. 89, Sec. 1500. 



STATUS OF SUPE;RINTe;ndENT in 48 STATES 49 

re;lationships of board of e;ducation and superin- 

tfnde;nt in the exercise of certain 

administrative functions 

An examination of the general laws shows five funda- 
mental conceptions of the relationship that a superin- 
tendent should bear to the board of education in the exer- 
cise of the various functions of school administration. 

(i) First, the responsibility for the exercise of the func- 
tion is vested solely in the board of education which body 
has the privilege or is required to elect a superintendent 
who shall "have a general supervision of the schools .... 
subject to the rules and regulations of the board."^ This 
relationship is expressed by the figure i in Chart A ; and 
is the first step removed from the legislation which recog- 
nized only the one teacher school and the "committee of 
householders"* responsible for the conduct of school 
affairs. 

(2) A second fundamental concept is that the super- 
intendent should be the expert adviser to the board of 
education. This takes two forms. The first form sug- 
gests the right of the board to call on the superintendent 
for assistance or advice. The following from the Rhode 
Island Law is illustrative — "The superintendent shall give 
the school committee such assistance as it may direct in 
keeping its records and accounts and in making such re- 
ports as are required by law.'" 

The other form protects the right of the superin- 
tendent to advise. In a few states the right to advise ap- 
plies to aU functions vested in the board. The Pennsyl- 
vania law is typical — "The district superintendent shall 
have a seat in the board of school directors of the dis- 
trict and the right to speak on all matters before the 



^South Dakota, 1918, p. 93, Sec. 204. 
"Chapter 11, p. 24, The Ohio 'Law of 1821. 
sRhode Island, 1918, p. 6, Chapter 1667. See. 1. 



50 LEIGAL STATUS OF CITY SCHOOL SUPE^RINTEINDEINT 
TABLE III. POWERS AND DUTIES OF THE SUPERINTENDENT 

Enumerating functions in which the superintendent is legally 
permitted or required to advise the board of education : the board 
is in no way obligated to follow the advice. 

FUNCTIONS STATES 

Attendance, Enforcement of 

Compulsory Laws Me., Mass., Mont, N. H., 

Okla., Oreg., S. Car., S. 
Dak., Ut., Vt, Wash., Wis., 
Wyo. 

Budget, Preparation of Me., Penn. 

Course of Study, Preparation 

of Ky., Mass., Mich., Miss., N. 

Dak., Penn., R. I., Wis. 
Other Employees 

Appointment N. T., N. C. 

Dismissal N. H., N. J. 

Medical Inspection, Provision 

for N. D., R. I. 

Organization of Schools Mich., N. J., Ohio 

Reports : to County and State 

Authorities 111., R. T. 

To Public Mass. 

Supervision of : 

Schools in general Mass., R. I. 

Supplies : Selection of Vt, Wash., Wis., Wyo. 

Textbooks Idaho, Iowa, Mass., Mich., N. 

D., R. I. 

Instructional Penn., R. I., Vt. 

Other Penn., R. I., Vt 

Teachers 

Examination Kans., N. J., Ore., S. D., Ut, 

Wash. 

Certification Kans., N. J., Ore., S. D., Wash. 

Appointment Conn., La., Mass., Mich., N. J., 

N. D., Penn., R. I., W. Va. 

Transfer N. J., Penn. 

Promotion N. D., Penn. 

Dismissal La., Mich., N. H., N. J., Ohio. 

Ore., Penn. 

*Must have the approval of the superintendent. Pennsylvania, 1919. 
p. 104, See. 1607 (b). 



STATUS 0? SUPERINTE;NDIiNT IN 48 STATe;s 5! 

board, but not to vote."^ Table III enumerates certain 
functions and names the states which specifically recog- 
nize the advisory duties of the superintendent in the 
exercise of those functions. 

(3) A third conception of relationship between the 
board and the superintendent differentiates their duties 
and powers on the basis of responsibility for official 
initiative in the exercise of certain functions. The in- 
tent of the law seems to be that, in these cases, the power 
of official initiative should be denied to the board ; and 
there is a growing tendency to safeguard the superin- 
tendent's position by expressly stating in the law a denial 
of the board's right to initiate. Table IV indicates the 
extent to which the principle has been written into the 
statutory law. 

(4) Table V shows that there are a few functions for 
the exercise of which the superintendent is responsible 
and over which the local board has little or no control 
whatsoever. In these cases, the superintendent is directly 
responsible to a centralized state authority. An interest- 
ing development of this principle^ not indicated in Table 
V, is taking place in the New England States, which, in 
certain classes of districts, have made the local superin- 
tendent in some sense a state official. The following 
from the Vermont Law is indicative of the operation of 
the principle.* 

"The Superintendent shall ascertain whether the re- 
quirements of this chapter relating to the appropriations 
and expenditure of money from the town treasury for the 
support of schools under his charge are complied with; 
and, in case of noncompliance, he shall bring the matter 
to the attention of the state's attorney or grandjury." 

^Pennsylvania, 1917, p. 71, Sec. 1142. 
'Vermont, 1915, p. 34, Sec. 171. 



52 LEGAL, STATUS OF CITY SCHOOIv SUP^RINTENDDNT 



TABLE IV. POWERS AND DUTIES OF THE SUPERINTENDENT 

Enumerating those functions in the exercise of which the 
power of official initiative is vested in the superintendent: the 
board's responsibility being confined to action upon the super- 
intendent's recommendations. 

FUNCTIONS STATES 

Attendance, Enforcing Com- 
pulsory Attendance Laws Ind., Kans., Mich., N. J., N. Y. 

N. C, Pa., Tenn., Tex., W. Va. 
Appointment of 

Attendance Officers Del., Ky., Tenn. 

Teachers Del., Ky., Me., N. H., N. Y., O. 

Other Employees Del., Ky., N, H. 

Budget, Preparation of Del. 

Building Plans, Preparation of.. Del. 
Course of Study, Preparation of.. Del, N. Y. 

Pupils, Suspension of Idaho, Kans., Ky., Mont., 

Tenn., Vt, Wash. 
Reports to 

State or County Authorities Del., Miss. 

Public Del., Conn., Ky., La., Vt. 

Supervision 
General Supervision of Schools. N. H., N. Y., N. C, N. D., 

Ohio, S. D., Va., W. Va., 
Cal., Del., Kans., Ky., Mich., 
Mont., Nev. 

Of Classroom Instruction Del., Ky., N. H., N. Y., N. C, 

Ohio 
Supplies : Selection of 

Textbooks Del., Ky., Me., N. Y., Pa. 

Instructional Del., Ky., Me., N. Y. 

Other Supplies Del., Me. 

Teachers 

Examination Ark., Ky., N. Y., Ohio, Okla., 

Wis. 

Certification Ark., Ky., N. Y., Ohio, Okla., 

Wis. 

Transfer Del., Ky., N. Y., W. Va. 

Promotion Del., Ky. 

Suspension, Dismissal Del, Ky.. Mass., N. Y. 



STATUS OE" SUPERINTe;nDE;nT in 48 STATICS 53 

TABIvE V. POWERS AND DUTIES 01' THE SUPERINTENDENT 

Enumerating those powers and duties delegated by the various 
states to the superintendent : the intent of the law apparently be- 
ing that in these matters the superintendent should be respon- 
sible to a state authority and not to the board of education. 

FUNCTIONS STATES 

Directing the activities of at- 
tendance officers Conn., Ky. 

Taking the Census Ala., Del., Me. 

Enforcing Compulsory at- 
tendance laws Del., Idaho, 111., Ky., Minn. 

Granting Working Papers Ala., Ark., Ariz., Cal., Conn., 

Ind., Kans., Ky., Me., Mass., 
Mich., Minn., Mo., Mont, 
Neb., N. H., N. Y., N. D., 
Ohio, Pa., Vt., Wash., W. Va. 

Reports to County Authorities Minn., Mont., N. J., N. C, 

Wash. 

Reports to State Authorities La., Me., Mass., Mich., Minn., 

N. H., N. J., N. C, Pa., 
Tex., Va., Vt, Wash., W. 
Va., Wis., Wyo. 

Reports to Public Me. 

Examination and certifica- 
tions of teachers (local 
service only) Pa., Wis. 

Transfer of Teachers Va. 

Another illustration is, "... .The superintendent may give 
written permission to a teacher to dismiss school for not 
more than two days whenever such dismissal seems to 
him necessary or proper."^ 

(5) A fifth relationship, that is, vesting the power of 
veto or approval over the actions of the board of educa- 
tion in the office of the superintendent, finds little place 
in the general school law of the various states. It would 
seem that this principle could actually operate only in 
those states where the superintendent's tenure is largely 
beyond the control of the board of education. 

'Vermont, 1915, p. 22, See. 111. 



54 LEGAL STATUS OI' CITY SCHOOI. SUPE^RINTUNDENT 

RELATIONSHIPS OF THE PUBLIC TO THEIR CITY SCHOOL 
OFFICIALS 
The older law gave the public a very large control over 
the conduct of their school officials. As the New England 
influence moved westward, the town meeting became the 
annual school meeting and still holds a place in the law, 
particularly, in the law applicable to rural and village 
schools.' Table VI shows a few remaining influences of 
the earlier democratic control. 

TABI,i; VI. POWERS OF VETO AND APPROVAL VESTED IN THE PUBLIC 

Enumerating those functions, and the states concerned, in the 
exercise of which the school authorities must submit their pro- 
posals to the public for acceptance or rejection by popular vote. 

FUNCTIONS STATES 

Budget Ark., Me., Neb., N. H., R. I. 

Taxation, Increasing rate 
above statutory limits, or 

for some special service Kans., Ky., La., Miss., Mo., 

Mont, Neb., N. C, N. D., 
'" ': Ohio, Okla., Pa., Tex., Utah, 
i _ ; I ■; Wash., W. Va., Wyo. 

Buildings and Grounds 

Purchase and sale of Ky., Mass., Mich., Minn., 

Mont, Neb., Nev., N. M., 
Okla., Ore., R. I., Vt, Wash., 
Wyo. 

An interesting illustration not given in the table is the 
New Jersey law, applicable to all districts employing 
supervising principals, which requires the board of edu- 
cation to submit their annual estimate or budget to the 
electors at the annual meeting.' A form of immediate 
public control that has remained and in some respects 
has grown in favor is indicated in Table VII. This 
influence is usually exercised through the medium of 
a petition. An illustration of this principle is con- 

'For example see Iowa School Laws, 1919, Annual Meeting, 2829, 

2836, 2837, 2778, 2811, 2746, 2747. 
"New Jersey, 1918, p. 54, &ec. 109. 



STATUS OF SUPEIRINTKNDENT IN 48 STATEIS 55 

TABLE VII. INITIATGRY POWERS OP THE PUBLIC 

Enumerating a few functions illustrative of the three degrees 
of action that public initiative, usually exercised through a peti- 
tion, may compel a board of education to take. 

Functions Initiative is Granted to the Public; and— 

^-.S^ croc u' V y. 

^ s ^ ^ ^ ^ •w3'o 

• « O tn ,, « H 2 »— ' 

W^" m°o rSoOO 

Establishment of Eve- 

ing Schools Ind. O., Pa., N. H. la. Wis. 

Purchase or Sale of 
grounds . . .■ Mont. 

Establishment of Com- 
munity Centers or 
Use of Schools for 
Community Center 
Work N. H. Ind., Mich., Ohio Wis. Okla 

tained in the Missouri law: — "Special school meetings 
for the transaction of business authorized, .... Shall be 
called by the board when a majority of the qualified vo- 
ters of the district sign a petition requesting the same, 
and designating the purpose therein for which said meet- 
ing is desired."^ In most cases a petition from a much 
smaller proportion of the voters registered at the last 
general election is sufficient to require action by the 
board; in New Jersey a petition signed by 50 voters can 
bring action on any matter under the jurisdiction of the 
board f in other cases five per cent, of the voters/ 10 of 
the legal voters,* "15 per cent, of the quaMed electors'" 
. . . .are sufficient. 

^Missouri. Revised Statutes 1909, Vol. 3, Ch. 106, p. 3351, Sec. 10799. 
2New Jersey, 1918, p. 58, Sec. 116X. 
^Illinois, 1919, p. 36, Sec. 1-2. 
^Colorado, 1917, p. 62, Sec. 123. 
''Connecticut, 1916, p. 64, Sec. 205. 



S6 LEGAL STATUS OP CITY SCHOOL SUPERINTENDENT 



TADl.I-, VIII. METHODS OF KEEPING THE PUBLIC INFORMED IN REGARD 
TO THE WORK OF THEIR BOARD OF EDUCATION 

Code for Interpretation of Tabic 

1. The exercise of the function is required of the board. 

2. Required of the board with the advice of the superintendent. 

3. Required of the superintendent subject to the approval of 

the board. 

4. Required of the superintendent. 



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Board Required to Report to 
the Public (usually in pub- 
lished form) 



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Alabama 

Arizona 

Arkansas 

California 

Colorado 

Connecticut 

Delaware 

Idaho 

Illinois 

Indiana 

Iowa 

Kansas 

Kentucky 

Louisiana 

Maine 

Maryland 

Massachusetts 

Michigan 

Minnesota 

Mississippi 

Missouri 

Montana 

Nebraska 

Nevada 

New Hampshire 

New Jersey 

New Mexico 

New York 

North Dakota 

Ohio 

Oklahoma 

Oregon 

Pennsylvania 

Rhode Island 

South Carolina 

South Dakota 

Tennessee 

Texas 

Utah 

Vermont 

Virginia 



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STATUS OF SUPERINTENDENT IN 48 STATES 57 

TABLE IX. VETO AND APPROVAL POV\^ERS VESTED IN MUNICIPAL 
AUTHORITIES 

Enumerating functions in the exercise of which the power of 
veto and approval is vested by certain states in municipal civil 
authorities. 

FUNCTIONS STATE 

Buildings and grounds 

Purchase and Sale of Me., N. H., N. J., N. Y., Tex., 

Va., Wis. 
Plans for New Construction. .Mass., N. H., N. Y., Wis. 

Rent and Repairs Wis. 

Budget, Approval ...Mich., Miss., N. J., N. Y., Vt, 

Va., Wis. 

The present tendency, however, seems to be toward 
leaving all responsibility of management to school officials, 
and of devising ways whereby these officials may be re- 
sponsive to the public will. One means of keeping of- 
ficials close to the public is to keep the public closely in- 
formed of their action. Table VIII shows the four chief 
methods utilized in the law for keeping the public in- 
formed of the actions of their school officials ; the table 
also shows the responsibility resting on the superintendent 
in this matter. 

REEATIONSHIPS OF SCHOOL OFFICIALS TO CIVIL AUTHORI- 
TIES OF THE C;iTY 

The control of school functions vested, by the earlier 
law, in municipal civil authorities has largely disappeared ; 
and is altogether confined to matters of the budget and 
property. Tennessee is the only state which still vests 
the chief control of these two functions in the board of 
mayor and aldermen/ Table IX names those states 
which make action of the board of education subject to 
the approval of the city municipal authorities in matters 
pertaining to the budget and to buildings and grounds. 

"Tennessee, 1920, Sec. 52, sub. sec. 2 (p. 46). 



58 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT 

TABI<E X. THE COUNTY SUPERINTENDENT AND CITY SCHOOL 
ADMINISTRATION 

Naming states in which certain acts of city school officials 
are not vaHd until approved by the county superintendent of 
schools. 

FUNCTIONS STATE 

Attendance 

Taking the census Ind., Nev., Okla., S. C, Tenn., 

Texas. 

Enforcement of Compulsory 

Attendance Laws Minn., Wyo. 

Buildings 

Plans for new construction. .. .Iowa, W. Va. 
Teachers 

Examination and Certifica- 
tion Ore. 

Dismissal Alont., S. C, Texas. 

RELATIONSHIPS OF CITY SCPIOOL OFFICIALS TO COUNTY AND 
STATE AUTHORITIES 

In the smaller cities of many states county officials still 
have some control of certain functions of city school 
administration. This control is indicated in Table X ; 
and is usually coincident with the theory that the county 
superintendent is an official of the state responsible for 
the administration of certain school functions in a par- 
ticular subdivision of the state. 

State control of city school administration takes two 
distinct forms. In the first, indicated by Table XI, the 
city school officials have the power of initiative, and the 
centralized state authority is vested with the power of 
veto or approval. 

In a rare and extreme form, Table XII, the central- 
ized state authority is vested with complete control of the 
respective function; and the only privilege of the local 
officials is the oblig-ation to carry out instructions re- 
ceived. 



STATUS OF SUPE;rINTe;nde;nT in 48 STATES 59 



TABLE XI. POWERS OE VETO AND APPROVAI, VESTED IN A CENTRALIZED 
STATE AUTHORITY 

' Naming states in which the acts of local officials in the exer- 
cise of certain functions are not valid until approved by a cen- 
tralized state authority. In a few cases the act of the local 
officials is valid unless overruled — usually as the result of an 
appeal — by a state authority. 

STATES WHICH CONTROL 
THROUGH A CENTRALIZED 
FUNCTION STATE OFFICIAL 

Attendance, 

Taking of Census Me., R. I. 

Enforcement of Compulsory 

Attendance Laws N. H., N. J., N. Y. 

Buildings, 
Plans for New Construction. . .Kans., La., Me., Mich., Mont, 

Nev., N. Mex., N. C, Ohio, 
Ore., S. Dak., Tex. 

Course of Study N. J., Ohio, R. L, Tex., Va., 

Wash. 

■Medical Inspection N. H., N. C, Ohio, R. I., Wyo. 

Evening Schools, Establishment 

of Me., Nev., N. H., N. J., R. L. 

Utah, Va. 
Day-Continuation Schools, 

Establishment of Mass., N. H., N. J., Ore., R. L, 

Utah 
Special Classes 

Establishment of Mass., Mich., Minn., Ohio, 

Penn., Wis. 

Selection of Text-books Miss., Ore., Wyo. 

Teachers 
Examination and Certification. .Ark., Ky., N. J., N. Y., Pa. 

Dismissal N. H., Ore., Tex., W. V'a. 

Superintendent 

Appointment Del., N. H., Pa. 

Dismissal Del., Ore., W. Va. 



6o LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT 

TABLE XII. POWERS VESTED SOLELY IN A CENTRALIZED STATE 
AUTHORITY 

Functions of local administration over which the centralized 
state authority has full control in the states named. 

Course of Study Kans., La., Mont., Nebr., Nev., 

N. H., N. Mex., N. C, N. 
Dak., Okla., Tenn., Vt. W. 
The Superintendent's Va., VVyo. 

Appointment Va. 

Dismissal Va., N. H. 

Selection of Text-books Ariz., Ind., Kans., La., Mont, 

Nev., N. Mex., Okla., Tenn., 
Tex., Va., W. Va. 

Examination ard Certification Ariz., Del., Idaho, 111., Iowa, 

of Teachers La., Mo., Minn., Nev., N. H., 

N. Mex., N. Dak., R. I., 
Tenn., Vt., Va., W. Va., Wyo. 

RESPONSIBILITY OF THE SUPERINTENDENT AS SPECIFIED IN 
THE LAW FOR THE EXERCISE OF CERTAIN FUNCTIONS 

Tables III, IV and V indicate the extent to which the 
law of the different states recognizes the city superin- 
tendent as a school official. An examination of the pro- 
visions made by different states for the exercise of cer- 
tain administrative functions throws additional light on 
the leg'al status of the city school superintendent. These 
functions will be treated in the order thev are given in 
Chart A. 

Attendance 

The Wyoming law places the responsibility of enforc- 
ing the compulsory attendance law upon the "sheriff of 
every county," upon the deputy sheriff, and upon the 
"constables within their respective precincts ;'" but it also 
provides that the school board of any district containing" 
a city or town of more than 2,500 inhabitants may appoint 
a regular truant officer, "who shall be paid — not ex- 
ceeding — the sum of four dollars for each day of actual 

•Wycmins, 1910, p. 44, Sec. 132. 



STATUS OF SUPERINTENDENT IN 48 STATES Ol 

service." In Kentucky "all applicants for the position 
of truant officer shall be examined b}' the superintendent 
of schools, who shall certify to the board of education, 
only such persons qualified as herein provided.' All 
appointments, promotions and transfers of truant officers 
■ — shall be made only upon the recommendation of the 
superintendent and the approval of the board."* And 
further, "such truant officers shall be under the direct 
supervision and control of the city superintendent of 
schools."* 

The Wyoming law attempts to meet the situation in a 
new and sparsely populated state, where cities have, 
scarcely developed ; and the need for strong city super- 
intendents has not made itself felt in legislative halls. The 
Kentucky law recognizes the enforcement of compulsory 
attendance laws as a basic principle of public education 
and centers the authority and rseponsibility for their en- 
forcement in the office of the city superintendent. The 
right of the state in this matter is seen in the Oklahoma 
law which empowers the state board of education "to 
supervise such city district. . . .truancy officer and to re- 
move any incumbent of such office upon satisfactory proof 
of his incompetency or failure to enforce the compulsory 
education law."" 

Responsibility for taking the census is usually vested 
in the board of education ; often it is specifically delegated 
to the clerk or secretary of the board. In states which' 
have vested the clerical or secretarial duties of the board 
in the office of the superintendent the latter official has 
usually been required as in the Alabama law to attend 
to the taking of the school census." ° New York, in cities 



•Kentucky, 1918, p. 25S, Sec. 582. 
sibifl. p. 212. Sec. 4fi6. 
^rtid. p. 259. Poc. 5«S 
"Oklahoma, 1919. p. 51, Sec. 252. 
sAlabama, 1919, n. 132 



62 IvEGAI. STATUS OF CITY SCHOOL SUP^RINTllNDEiNT 

of the 2nd and 3rd classes, has constituted the board of 
education a permanent census board and has made the 
police responsible for recording a continuous census 'J in 
cities of the first class (New York excepted) the mayor, 
superintendent of school and police commissioner con- 
stitute the census board. 

The authority to excuse children from the requirements 
of the compulsory attendance law, to grant working 
papers, and to decide when home instruction is satisfac- 
tory, are, in the majority of states, vested either alto- 
gether in the superintendent or in the superintendent sub- 
'ject to the board's approval. The authority to grant 
working papers is usually specifically provided for: The 
Pennsylvania law is typical : it provides/ "That any dis- 
trict superintendent. . .hereby authorized to issue such 
certificates may authorize and deputize, in writing, any 
other school official to act in his stead for the purpose of 
issuing such certificates." 

The Budget 

The power of initiative in budget making or prepara- 
tion of the estimate is, with two exceptions, vested in the 
board of education. Tennessee vests the sole authority 
for budget making in the board of mayor and aldermen, 
while Delaware places the power of initiative in the 
office of the superintendent with the power of approval 
resting in the board of education. Table IX shows the 
authority of municipal civil authorities in veto or ap- 
proval of the budget ; and Table VI shows the extent to 
which this same power is vested in the electorate. Chart 
A shows the extent to which the states have vested the 
powers of preparation of estimates and levying of the 
school tax solely within the board of education. The 



OSrew York, 1918, p. 200-202, Sec. 650-652. 
•Pennsylvania, 1919, p. 172, Sec. 3608. 



STATUS OF SUPERINTIINDENT IN 48 STATES 63 

Oregon law suggests a means whereby this authority may 
be vested in elected school officials and the power of pub- 
lic opinion still operate to reproduce the best results for 
the schools. It provides that a public meeting shall be 
called by the board within 30 days after the preparation 
of the budget, that notice of said meeting including copy 
of the budget shall be published in a newspaper of the 
district having a general circulation ; and that "Any legal 
school elector of said district may attend such meeting 
and shall be accorded a hearing on any item on such 
budget/ 

Buildings and Grounds 

The laws indicate three distinct phases of responsibility 
that have been placed on the superintendent in connection 
with buildings and grounds. He may or shall advise' 
the board as to repairs, rent, insurance, purchase, sales, 
plans for new construction and in the supervision of con- 
struction. 

In a few states no school building can be erected until 
the city superintendent has approved the plans.' The 
Texas law is typical, — "In a city or town that has as- 
sumed control of its schools, the superintendent of public 
schools in that district or city or town is hereby author- 
ized, empowered and required to examine all plans for 
all proposed public school buildings costing over $400, 
and to grant permits only for such buildings, as conform 
to the requirements of this act, and to make a report to 
the State Department of Education of all such permits 
granted, transmitting all evidence." 

Two underlying principles are implied in the above 
clause; first, that when a city assumes control of its 



^Oregon, 1919, p. 97, Sec. 301. 
^See Table III. 

^Texas, 1917, pp. 68-69, Sec. 153. Virginia, 1915, p. 155. Sec. 198, 
tenth Louisiana, 1916, p. 104, Sec. 250. 



64 I^CGAL STATUS OF CITY SCHOOL SUPURINTENDEINT 

schools., the city superintendent automatically assumes 
the powers and duties for his district of a county super- 
intendent and so becomes a state official ;* second, as the 
chief local official of the schools, the city superintendent 
is responsible to the centralized state authority for all 
transactions under this law. The Virginia law carries 
the principle further, and empowers the superintendent 
to condemn school buildings and to forbid holding school 
in same until such time as he "shall certify in writing, to 
the city school board, that he is satisfied with the con- 
dition of such building and with the appliances pertain- 
ing thereto." 

The Delaware code reverses the process, placing the 
power of initiative in the office of the superintendent, and 
the power of approval in the board of education." This 
principle holds in all transactions concerning buildings 
and grounds. In preparation of plans for new construc- 
tion, the power of final approval is vested in the cen- 
tralized state authority.^ 

Kentucky, Ohio, Michigan and New Jersey permit 
city boards of education to employ a second executive 
officer usually known as "business manager" and to 
delegate to him the execution of all powers and duties 
that are vested by law in the board of education relative 
to buildings and grounds. In a few other states these 
functions may be delegated to the secretary' or clerk 
of the board; usually the law specifies that he shall not 
be a member of that body. 

Course of Study 

In preparation of the course of study there is a decided 



<See opinion of Supreme Court, p. 41. 

^Virrmia, p. 155, Sec. 198 tenth. 

^Washington, 1917, p. 78, Sec. 241-245. California, 1915, p. 83, Sec 

1657. 
"Delaware, 1919, p. 62, Sec. 143. 
^Delaware, 1919, p. 15, Sec. 36, 



STATUS OF SUPEHINTjeNDKNT IN 48 STATe;S 65 

difference in opinion among the various states as to 
whether this power should be vested in a centraHzed 
state authority or in the local board of education/ In 
compromising the two extreme views, the city superin- 
tendent plays a conspicuous part. In Pennsylvania "The 
board of school directors, .with the advice, assistance and 
approval of the proper superintendent of schools, shall 

arrange a course or courses of study These courses 

of study shall conform to any general course of study 
arranged by the Superintendent of Public Instruction, 
so far as the local conditions. . . .permit."'' In the Wash- 
ington law the superintendent rather than the board pre- 
pares the course. The law reads 'Tt shall be the duty of 
the supedntendent. . . .to prepare and issue under the 
direction of the board of school directors. . . .a course of 
study for his schools, which course of study must before 
going into eflfect, be approved by the state superintendent 
of public instruction.' 

The New York law provides that the superintendent 
shall "prepare the content of each course of study au- 
thorized by the board of education" and submit the 
same to the board of education for its approval.^ 

Wyoming has recognized the desirability of giving the 
local community a partial control over its course of study ; 
and has vested this local control solely in the superin- 
tendent. After providing that the meeting of the State 
Teachers' Institute shall determine the course of study 
and that the superintendent of public instruction shall 
have the power to carry the determination of the institute 
into effect, the law provides, "That a principal or super- 
intendent of schools in any district who has supervision 



»See Chart A. 

^Pennsylvania, 1917, p. 96, Sec. 1698. 
'Washington, 1917, p. 107, See. 333. 
*New York, 1918, p. 241, Sec. 870-2. 



66 I.EGAI. STATUS oi^ CITY SCHOOL supe;rinte;nde;nt 

over three or more teachers may amend and change the 
course of study prescribed by the State Superintendent 
of Public Instruction in such manner as will, in his judg- 
ment, apply more directly to the local conditions of such 
district — except elimination of the. prescribed subjects."" 
A glance at Chart A shows the strong influence of the 
state centralized authority over the city school course of 
study; and the discussion above indicates a tendency of 
the state to exercise its influence through the city super- 
intendent. 

Employees — Janitors, Clerks, Etc. 
Many of the state laws do not specifically mention the 
above named group of employees ; the right to so employ 
them is granted to the board of education under some 
general clause vesting the control of the schools in the 
board. 

Where the law vests the power of appointment of em- 
ployees in an appointed executive official, it usually speci- 
fies that the board shall determine the number of posi- 
tions and the salaries to be paid. The Kentucky law is 
typical : 

"Subject to the approval of the board of education 
as to the number and salaries, the business director 
shall have power to appoint such engineers, janitors 
and other employees and agents, as may be necessary 
for the proper performance of the duties of his de- 
partment, for whom he shall be responsible and whorn 
he shall have power to remove. He shall appoint such 
assistants and deputies as may be authorized by the 
board of education, whose compensation shall be fixed 
by the board.'" 

"The Superintendent of Schools. . .shall have power 
to appoint clerks, whose number and salary shall be 

"Wyoming, 1919. p. 32, Sec. 92 

"Kentucky. 1918, 213 (469), 2nd Class Cities. 



STATUS Of SUPERINTENDENT IN 48 STATES 67 

fixed by the board and shall have power to remove 

same. 

The Delaware code requires that "The Superintendent 
of Schools shall nominate in writing for appointment by 
the Board of Education, — janitors, and all other regular 
employees of the Board, shall assign to them their posi- 
tions, transfer them as the needs of the school require, 
recommend them for promotion, suspend them for cause, 
and recommend them for dismissal."* 
Health Work 

A number of the states require a state authority to 
prepare rules and instructions for testing and examining 
the health of children ; and require the teachers to do the 
testing and examining ;' and to notify the parents of need 
for medical attention. The distribution of instructions 
and tests compiled by the state, and the notification of par- 
ents concerning defects is often required of the city super- 
intendent.^" This requirement of the superintendent 
applies usually, also, when there is professional medical 
inspection. Sometimes the responsibility of the superin- 
tendent is expressed in more general phraseology^ as "It 
shall be the duty of the. . . .city superintendent of schools 
to cooperate with school boards in promoting medical 
inspection ;" ^ but there is a tendency to make the superin- 
tendent of schools responsible for the general direction and 
supervision of medical inspectors, nurses and assistants.' 
Pupils — Admission and Suspension 
In connection with legal provisions concerning pupils, 
the question of suspension stands most conspicuously. The 

'Kentucky, 1918, 212 (466). 

^Delaware, 1919, p. 63. (2326) Sec. 147. 

»For e. g., see : Nevada, 1919. p. 157, sec. 1-3 ; Utah, 1919, p. 222, 

Sec. 4546, p. 923, Sec. 4550 ; Wyoming, 1919, p. 110, Sec. 345, 

Law passed 1915. 
"For e. g., see : Wyoming, 1919, p. Ill, Sec. 347 ; Ohio, 1915, p. 244, 

Sec. 7692-2; Rhode Island, 1917, SI. p. 2, Ch. 1484, Sec. 1. 
iNorth Dakota, 1915, p. 64, Sec. 1346. 
•New York, 1918, pp. 170-174, Sec. 570-577, p. 241, Sec. 870-4. 



68 LEGAL STATUS 01" CITY SCHOOL SUPERINTENDLNT 

earlier law usually placed this power in the hands of the 
teacher, subject to the approval of the board, and in some 
cases with power to appeal to the county superintendent 
whose decision was final.' But the tendency seems to be 
to vest the sole power of suspension in the office of super- 
intendent, subject to the final approval or disapproval of 
the board of education/ The Nevada law makes the per- 
manent exclusion from the public schools of a pupil of 
compulsory age subject to the consent of the state deputy 
superintendent of public instruction ;' and the tendency 
generally is to place the burden of proof as to the need 
for suspension more heavily upon the city school officials." 
Reports 
Chart A and Table VIII show the responsibility of the 
superintendent for making or helping to make reports. 
The two phases of his reporting to the board of education 
are indicated in the Rhode Island law. "He (the super- 
intendent) shall make a report to the school committee 
annually and at such other times as it may direct."^ This 
second phase is expressed more clearly in the Ohio law, — ' 
"Such boards may require superintendent and teachers 

to report matters the board deem important " The 

advisory phase of the superintendent's responsibility Is 
expressed in the Massachusetts ,law, — "He (the super- 
intendent) shall assist the school committee in keeping its 
records and accounts and in making such reports as are 
required by law.'" But in an act passed lately to provide 
for the distribution of a portion of the income tax, Massa- 
chusetts has placed a much heavier obligation on the su- 

'For example see: Mississippi, 1918, p. 67, Sec. 4623 (Code of 1906); 

Idaho, 1917, p. 63, Sec. 86a. 
^Montana, 1917, pp. 67-68, Sec. 802 ; Kansas, 1917, p. 144, Sec. 411. 
^Nevada, 1919, p. 21 Sec. 39-5. 
•Kansas, 193 7. p. 129. Sec. 360. Court Decision. 
'R. I., S. L., 1918. p. 6. Chap. 1667. 
•Ohio, 1915, p. 291, Sec. 7785. 
'Mass., 1914. p. 33. Chap. 444. Act ivll, sec. 1. 



STATUS OF SUPE;RINTENDENT in 48 STATES 69 

perintendent than in the earher law, — He "shall, under 
oath, file with the commissioner of education — each 
year — , a statement containing such data as may be neces- 
sary for the purposes of. .this act" " The independ- 
ence of the city superintendent from the county super- 
intendent in making" reports is indicated in the Wisconsin 
law which requires that in all cities having a city super- 
intendent of schools and not under the jurisdiction of a 
county superintendent of schools, the city superintendent 
shall make the annual report required — directly to the 
state superintendent.^ 

Table VIII indicates the responsibility that has been 
placed on the. superintendent for reporting to the public. 
The laws of Connecticut and Maine illustrate two de- 
grees of this responsibility : — The superintendent "shall, 
one week at least before the annual town meeting, submit 
to the board or to the committee, as the case may be, a full 
written report of his proceedings, and of the condition of 
the several schools during the year preceding, with plans 
and suggestions for their improvement.'" 

"At the annual town meeting, the superintendent shall 
make a written report of the condition of the schools for 
the past year, with a statement of the condition of school 
buildings, the proficiency made by the pupils, and the suc- 
cess attending the modes of instruction and government 
thereof."' 

Rules and Regulations 

Authority to formulate rules and regulations is, with 
one or two exceptions, vested in the board of education, 
usually with the proviso that they shall not be inconsistent 
with those established by the state authority.^ A few of 



I'Mass., 1916. p. 32. Sec. 8. p. 34. Sec. 15. 
"Wisconsin, 1915, p. 288, Sec. 464. 
^Connecticut. 1916, p. 41, See. 125. 
'Maine 1917, p. 31, Sec. 59. 
*0regon, 1919, p. 51, Sec. 133. 



yo LEGAL STATUS OF CITY SCHOOL SUPIJRINTENDSNT 

the western states have definitely placed the power of 
initiative in the office of the principal or superintendent 
for making" "such rules and regulations as he may deem 
proper in regard to the studies, conduct and government 
of the pupils under his charge."^ 

The superintendent's responsibility for enforcing the 
rules and regulations is specially expressed in the laws 
of a number of the states (See Chart A). 
Supervision 
The Mississippi law requires the school trustees "To 
visit every school in their district at least once in each 
month, and examine carefully into its management, con- 
dition and wants."* Wyoming is less exacting in that the 
monthly visitation shall be done by a committee appointed 
by the board from their own number/ The specific obli- 
gations of the board when they visited the schools and 
the intimation that they might need assistance in the per- 
formance of such duties is indicated in the following: — 
"Said board shall also, separately or collectively, to- 
gether with such persons as they may appoint or in- 
vite, visit the schools in the district at least twice a 
year, and observe the discipline, mode of teaching, 
progress of pupils, and see that the teachers keep a 
correct register of the pupils. . . .the branches taught, 
and such other matters as may be required by law or 
by the instructions of the state superintendent.'" 
Montana limits the supervisory duty of board members 
to one visit, each term, to every school." The requirement, 
coordinates nicely with the provision that the superin- 
tendent shall have supervision of the schools of the dis- 
trict under the supervision of the board of trustees."" 



'Kansas, 1917, p. 144, Sec. 411. See also Iowa, 1919, p. 85 Sec. 2732, 

Wyominr, 1919, p. 70, Sec. 228. 
•Mississippi, 1918, p. 39, Sec. 4525-g. 
^Wyoming, 1919, p. 41, Sec. 123. 
^Arkansas, 1914, p. 147, Sec. 7685. 
•Montana, 1917, p. 56, Sec. 508-18. 
lOMontana, 1909, p. 89, Sec. 150. 



STATUS OF SUP^RINTEINDENT IN 48 STATES 71 

Whereas the laws of Montana and Arkansas indicate 
that the supervisory powers and duties of the superin- 
tendent developed as a means of relieving the members 
of the board; the law of Pennsylvania indicates another 
process of development, — "The duties of district super- 
intendents shall be the same as those now required of 
county superintendents."* The gist of his supervisory 
duties is: "To visit personally as often as practicable, 
the several schools. . . .under his supervision, to note the 
courses and methods of instruction and branches taught, 
to give such directions in the art and methods of teaching 
in each school as he deems expedient and necessary.'" 
In Delaware one of the requirements, in order that a town 
or city may be independent of the county superintendent, is 
that the superintendent of school shall have at least one- 
half of his entire time free for supervision.' 

The changing social conditions brought about by the 
Great War placed in the statutes of Nebraska a new and 
far-reaching power of the city superintendent." 

"The City Superintendent of the city where any 
private, denominational or parochial school is located, 
- shall inspect such school and report to the proper of- 
ficers an}^ evidence of the use of any text-books or of 
any activities, instruction or propaganda therein sub- 
versive of American institutions and republican form of 
government or good citizenship or of failure to observe 
any of the provisions of this act." 

While the above provision was the result of the tense 
feeling of a war period, it is indicative of the light in 
which city superintendents may be held by legislatures 
when there is urgent or strong need for supervision of 
educa'tional procedure. 

iPenn., 1919, p, 73, Sec. 1143. 

"Penn., 1919, p. 68, Sec. 1123. 

^Delaware, 1919 p. 160, Sec. 122-5. 

^Nebraska, Session Laws, 37th Legislature, p. 7, Sec. 6. 



"Jl LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT 

Supplies and Textbooks 
The law governing the selection of text-books is closely 
parallel to the laws governing the preparation of courses 
of study (See Chart A). There is a tendency to give 
teachers and superintendent a good deal of responsibility 
in the selection of instrumental supplies ; and in only two 
states does the superintendent have other than advisory 
powers in the selection of supplies for non-instructional 
purposes. Those states that have state adoption usually 
make provision for local authorities to select from the 
state lists." The superintendent has various relationships 
to the board in the selection of textbooks. In Iowa "The 
board of education may, to the end that they may be fully 
advised, consult with the city superintendent or other com- 
petent person, with reference to the selections of text- 
books.'" The Massachusetss law requires that the super- 
intendent shall recommend text-books to the school com- 
mittee.' The Vermont law gives the superintendent a 
veto power in that "The board of school directors shall, 
subject to the approval of the superintendent, select the 
textbooks, appliances and supplies to be used in the public 
schools of the town."^ The Washington law provides for 
a text-book commission in "each school district of the 
first division," which consists of city superintendent, ex- 
officio chairman, two board members designated by the 
board, and two lawfully qualified teachers employed in the 
district and designated by the board. It is the duty of the 
board of directors to require the introduction and use of 
all textbooks lawfully adopted by the commission.* The 
Pennsylvania law makes a different provision for teacher 

'Wyoming, 1919, p. 12, Sec. 25. Colo., 1915, p. 151, Sec. 1750. Oregon. 

1919, p. 98, Sec. 302-4. 
•Iowa. 1919, p. 79, Sec. 2828. 
TMass., 1914, p. 3.S, Sec. 2. 
svt., 1915, p. 29. Sec. 139. 
•Wa.-hlngton, 1917, p. 106, Sec. 331. 



STATUS OF SUPERINTENDENT IN 48 STATES 73 

initiative in their selection of textbooks and safeguards 
the superintendent's authority. The law provides that the 
"superintendent. .. .shall report in which subjects new 
textbooks are needed, and after consultation with the 
teachers under his supervision, what textbooks should 
be adopted or changed, and unless by a two-thirds vote of 
the board an adoption or change of textbooks shall not 
be made without his recommendation." '° 

TEACH:ERS — EXAMINATION AND CERTIFICATION 

Of all the functions of city school administration, that 
of examining and certificating teachers is farthest re- 
moved from the absolute control of the board of educa- 
tion. Chart A shows to what extent the state dominates 
and also the responsibility fixed by law in many of the 
states on the city superintendent. Only in the larger 
cities does the board have any degree of independence 
from the state authority. The Colorado law specifies that 
"School boards, in districts of first class, (1,000 or more 
pupils) have entire control of the examination and licens- 
ing of applicants to teach in their districts."" The tra- 
ditional influence of a law that once empowered local 
boards with the sole authority for the exercise of this 
function appears in the Illinois law which authorizes 
boards of education in cities of 1,000 to 100,000 popula- 
tion "To examine teachers by examinations, supplemen- 
tal to any other examinations." ^ 

A procedure common to several of the state laws is 
given in the South Dakota code .... "The board shall also 
appoint two competent persons who, with the superin- 
tendent as chairman, shall be styled the committee of the 
board of education." " In some cases the examining 



"Pennsylvania, 1919, p. 56, Sec. 703. 

"Colorado, 1917, p. 123. 

»Illinois, 1916. p. 40, Sec. 127-3. 

»Sr>iith Dakota, 1918. p. 93, Sec. 204 ; Oklahoma, 1919. p. 28 Sec. 133. 



74 LEGAL STATUS 0? CITY SCHOOL SUPERINTENDENT 

committee issues the certificate;' but usually the exam- 
ining committee, recommends to the board of education, 
which body issues the certificate. In certain of the states 
the law specifies that the members appointed by the board 
shall be residents of the city "having practical experience 
as teachers;* or teachers serving full time in the city 
schools/ In Oregon city districts of the first class the 
law requires that the board of examiners created by the 
board of education shall have the city superintendent as 
a member ; and the county superintendent as ex-officio 
chairman.* 

The transfer of the exercise of this function from the 
office of the county superintendent to the city superin- 
tendent is seen in the Arkansas law, — "The superintendent 
of the city schools in any such city, duly elected as such 
by the school board, shall have the authority and perform 
the duty of a county examiner as provided by law." ' 
In Texas the city board of examiners consists of the 
superintendent and two teachers appointed by him.* A 
few states make the city superintendent practically inde- 
pendent of the board in the exercise of this function. . In 
Wisconsin cities of the third and fourth class "It shall 
be the duty of the city superintendent of schools. . . .to 
examine and license teachers.^ In Pennsylvania. "The 
.... superintendent shall conduct the examinations of 
teachers for provisional and professional certificates,"" 
and may issue such certificates subject to the provisions of 
the law." Usually, when the local city board of education 
has little or no control in this matter, the action of the 



.^South Dakota. 1918, p. 93. Sec. 204. 

♦Washington, 1917, p. 128-130, Sec. 396-401. 

"Ohio, 1915, p. 313. Sec. 7838. 

'Oregon. 1919, p. 98, Sec. 302-5. 

'Ark., 1914, p. 76, Sec. 7559-u. 

*Texas, 1917, pp. 54-55, Sec. 103. , \ 

'Wisconsin, 1915, p. 277, Sec. 458-0. .' ., 

.■"Pennsylvania, 1917, p. 72, Sec 1148. -. ....... '" 

"Pennsylvania, 1917, p. 75, Sec. 1302; p. 76, Sec. 1300-1307. 



STATUS OF SUPERINTENDENT IN 48 STATES 75 

superintendent is subject to review by the state executive 
officer." 

Usually the certificate issued by the local board authori- 
ties is valid only in the district where issued; and there 
is a growing tendency to further restrict the issuance of 
certificates by city school authorities. The Kansas law 
indicates two types of restriction. Quoting from the law : 
first, "Cities of the first and second class must recognize 
certificates and diplomas issued by the State Board of 
Education and the State Normal Schools ;" second,. "After 
September i, 1916, such certificates (those issued by city 
authorities) will be valid only in Elementary Schools." " 

TEACHERS — APPOINTMENT 

While the majority of the states merely authorize and 
empower city boards to employ teachers/ there is a con- 
siderable recognition of the need of vesting the initiative 
of this duty in the office of the superintendent. The Mass- 
achusetts law requires that "The superintendent of schools 
shall recommend teachers to the school committee."' 
Table III shows how many states have vested the super- 
intendent with this advisory power. Louisiana requires 
that, "The board shall select such teachers from nom- 
inations made by the parish superintendent;" but, pro- 
vides "That two-thirds of the full membership of the 
board may elect teachers without the endorsement of the 
superintendent." " Table V enumerates the states which 
have attempted by law to vest the sole power of initiative 
for the selection of teachers, in the office of the city super- 
intendent. In North Carolina the superintendent "must 
meet with committee for election of teachers, and such 



"See references II above; also Ark., 1914, p. 76, Sec. /559-u. 

I'Kansas, 1917, p. 31, Sec. 55 ; p. 49-50, Sec. 117, 

iSee Chart A. 

'Mass., 1902-1914, p. 33, Sec. 2. 

'Louisiana, 1916, p. 115, Sec. 7. 



76 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT 

election must have his approval/ A new venture of the 
State is seen in the provision of the Vermont law, — "The 
state board of education shall appoint the teachers for 
vocational courses in senior high schools." " 

TEACHERS — TRANSFER AND PROMOTION 

On these two functions the law usually is silent; and 
where the power is not specifically mentioned, it is as- 
sumed that such power is vested in the board of educa- 
tion to be exercised or delegated as the board sees fit. A 
few of the states" have specifically placed the power of 
initiative in these matters in the office of superintendent ; 
and in Virginia "The division superintendent in cities 
shall have exclusive authority to assign to their respective 
positions all teachers and principals employed by the 
school board and to reassign them at his discretion; pro- 
vided, that no change or reassignment shall affect the sal- 
ary of any teacher.^ 

TEACHERS— SUPERVISION AND DISMISSAL 

Those states which vest the board of education with 
authority to dismiss teachers usually safeguard the teach- 
er's rights by requiring that the charges be reduced to 
writing and that the teacher have the right to be heard 
before the board, usually with counsel.^ A further safe- 
guard is indicated in the Massachusetts law which pro- 
vides that a teacher cannot be dismissed unless "the super- 
intendent shall have given to the school committee his 
recommendations as to the proposed dismissal." ^ Table 
IV names the states that have recognized the influence 
that the city superintendent should have in the control 
of the initial step of dismissing a teacher. The Oregon 

•North Carolina, 1917, p. 58, Sec. IX. 

•Vermont, 1915, p. 41, Sec. 11. 

•See Table IV. 

•Virginia, 1915, p. 191, Sec. 92. 

•Iowa, 1919. p. 42, Sec. 2782: Ohio, 1915, p. 246, Sec. 7701. 

'Mass., 1914, p. 26, Sec. 2. 



STATUS OP SUPElRINTENDKNT IN 48 STATES 77 

law introduces distinct features. Charges against a 
teacher on the permanent Hst' shall be preferred by the 
superintendent either upon his own motion or upon the 
complaint or criticisms made in writing and filed with 
him: these written complaints must be signed. In the 
latter case if the superintendent refuses to act, the com- 
plainant may take the case directly to the board. The 
board must notify the teacher in writing of the charges ; 
the teacher may require hearing to be public or private, 
and may have counsel ; and may appeal from the board's 
decision within 20 days to the Commission. This Com- 
mission consists of three members appointed by the pre- 
siding judge of the circuit court.' In Missouri the 
board of education has no power to dismiss a teacher; 
but may prefer charges against the teacher with the 
county superintendent who may revoke any county cer- 
tificate or recommend the revoking of any State certifi- 
cate.' In a few cases, the right of local officials to dis- 
miss a teacher is subject to appeal and final decision by a 
state authority.^ 

THE SUPERINTENDENT AND HIS ASSOCIATE 

EXECUTIVE 
Four states permit the board of education to appoint a 
second executive officer who shall have charge of the 
business affairs of the schools, who is largely independ- 
ent of the superintendent and whose powers and duties 
are defined by law.' A few of the states specify that cer- 
tain of these duties may be delegated by the board to its 
cle(r^k ;ot^ "secretary. The laws of several states au- 

iQne who has served two full school j'ears. Oregon, 1919, p. Ill, Se«. 

360. 
^Oregon, 1919, pp. 111-112, Sec. 359-364. Data applies to cities of 

2000 or more population. 
^Missouri, 1917, p. 20, Sec. 10788 ; p. 132, Sec. 10945. 
<West Virginia, 1919, p. 27, Sec. 57. 
''See page 64. 



78 LKGAI, STATUS OF CITY SCHOOL SUPE^RINTE^NDeNT 

thorize the appointment of assistant superintendents ; and 
usually leave the enumeration of their duties to the board 
or superintendent or both/ The Wisconsin law gives the 
board of education power "To authorize the superin- 
tendent to appoint such assistant superintendents, either 
for general or special service, as they may deem neces- 
sary."' " 

SUMMARY 

1. The authority to fix responsibility for the exercise 
of the various functions of city school administration is 
vested in the state legislative body. 

2. State legislatures have vested various phases of 
responsibility for the exercise or control of different func- 
tions of city school administration in the electorate, the 
municipal civil authorities, the city board of education, 
the city superintendent, the county authorities, and the 
central state educational authorities. 

'3. Only one state vests the sole authority for the exer- 
cise of any single school administrative function in a city 
civil authority ; and the majority of the states have elim- 
inated the municipal civil authorities from any control- 
over school affairs whatsoever. 

4. Most of the states have made city school officials 
free to act according to their own discretion within cer- 
tain statutory limits ; and many have devised means, other 
than submitting a proposal to popular vote, of keeping 
school officials close to the public they serve. 

5. Most of the states have vested certain powers over 
city school administration in a centralized state educa- 
tional authority. 

6. The laws indicate two sources of development of 
the office of city superintendent: (i) cities desired in- 

'Pennsylvania, 1917, p. 71, Sec. 1143 ; So. Dakota, 1918, p. 93, Sec. 

204. Court decision. 
nVisconsin, 1915, p. 351, Sec. 925-116--9. 



STATUS 01^ SUPE;rINTE;nde;NT in 48 STATES 79 

dependence of county control, and so the powers and 
duties of the county superintendent as a state official were 
transferred to the ofltice of the city superintendent; (2) 
as cities developed and the functions of administration 
became more highly specialized, the board of education 
needed an official or officials to assume a part of their re- 
sponsibiHty. 

7. The conflict of these two fundamental processes 
of development is the basic cause of uncertainty in legis- 
lation and of confusion in defining by law the powers and 
duties of boards and of superintendents. 

8. Many of the states have specified by law the mini- 
mum qualifications necessary for filling the office of city 
superintendent. 

'9. The law recognizes the right of the state to specify 
certain- powers and duties of the city superintendent;^ and 
denies the right of the city board of education to inter- 
fere with the superintendent's exercise of these powers 
and duties. 

10. These powers and duties are of three general types : 

a. Advisory.. 

b. Initiatory, i. e., the board can act only upon the 

recommendation or initiation by the superin- 
tendent. 

c. Independent, i. e., the superintendent acts as 

an official of the state ; and his acts are. not 
subject to official veto or approval by the 
bqard. 



^lo-wa, 1919, p. 40, Sec. 2778. "The board of directors. .. .shall have 
-■ fhe power to employ a superintendent of schools. . . .who shall. . . . 

■ have such jjowers and duties as they may prescribe, vnth sucJi 
duties and poicers as are now ' or may hereafter be prescribed by 

■ the 'laws of the' state." 

Idaho, 1917, p. "89. The toard is empowered to employ a superintend- 
ent Of schools, "-who shall be the executive oflBcer of the board, 
with silch' poioers and- duties- as are now or may hereafter be prescribed 
by the laws of the state ." Italics by the author. ,: 



CHAPTER IV 

PROVISION MADE FOR THE ADMINISTRATION 
OF CITY SCHOOLS BY GENERAL LEGIS- 
LATION FOR CITIES OF THE 
FIRST CLASS AND BY SPE- 
CIAL CITY CHARTERS 

An examination of the different state codes shows 
two distinct means of providing for the administration of 
city schools. One method is to classify all cities of the 
state, usually according to population, and to make the 
same law applicable to all cities of the same group. The 
other method is to pass a general law allowing cities to 
adopt a home rule plan within certain limitations. This 
second plan often vests considerable control over school 
affairs in the municipal civil authorities. 

This part of the investigation aims at two things: (a) 
to discover what specific provisions have been made by 
legislatures to meet the special administrative needs of 
individual city school systems; and (b) to learn whether 
or not city municipal authorities when given legislative 
powers over schools are contributing to the development 
of better city school administration. 

The study includes 35 typical cities.' The school sys- 

M>'or this part of the study, the writer had access to the Columbia Uni- 
versity Law Library, and the New York Municipal Reference 
Library, located at the Forty-Second Street Library and the City 
Hall. Three criteria guided in the selection of cities to be studied : 
(a) the recency of legislation or adoption of a charter, (b) the 
charter, if giving any powers over schools to the city council or 
commission, must be accompanied by the City code of ordinances ; 
(c) the selection should represent different and typical sections 
cf the country. The selection was limited to those volumefi on file 
'n the litraries named. A later check by correspondence showed 
that some of the charter provisions described in this chapter are 
80 



STATUS OF SUPERINTENDENT IN 34 STATES 81 

terns of six of these operate under general laws applicable 
to cities of the first class : fifteen operate their schools 
under special laws or charters ; and twelve have special 
charters that in no way affect their school systems which 
operate under the general state law.' The data for cities 
of the first class, Group i, and cities with special charters 
Group 2, are combined in Chart B (see Appendix I). 
For cities of Group i only such data are tabulated as are 
specifically mentioned in the law for cities of the first 
class. For Group 2, only such data as are specifically 
mentioned in the charter or in the city code of ordinances 
are included. This plan of study accounts for the many 
omissions in Chart B and from the tables of this chapter ; 
but it was followed in order to show as clearly as pos- 
sible what provisions are made for city school adminis- 
tration through legislation of these special types that is 
not made through the general legislation noted in ths 
preceding chapter. For the omissions, one needs but to 
refer to the general law, as is indicated in the following: 
"Said board is hereby vested with all the powers and 
charged with all the duties provided by the Charter, and 
also by the general laws of the state for city boards of 
education." ' 

THE BOARD OE EDUCATION 

Table XIII shows various plans that have been evolved 
for selecting a city board of education. Only two cities 



no lonrer extant. Notably airong these are the provif ]>nf! f ' r 
Buffalo, N. Y., and Greensboro, N. C. The discussion of those 
charters as they were adopted in 1916 and 1912, respectively, i 
retained to illustrate how such variations from generally ac- 
cepted practice as they represented so soon disappears. Tod^y 
(1920) the Buffalo schools are administered under the law appl'- 
cable to New York cities of the first class, and the GreerivSbiro 
schools are administered by a superintendent and board of educa- 
tion provided for in a new charter. 

'The two remaining charters including Cincinnati, 1914, and Minnea- 
polis, 1913, were proposed but not adopted. 

'Los Angeles, California. Charter, 1913, p. 63, Sec. 76, par. 5; Rut 
land, Vt., Charter, 1915 p. 70 Sec. 190; New Haven, Conn., Chartoi- 
1914, p. 53, Sec. 106. 



82 I^EGAL STATUS OF CITY SCHOOL SUPERINTIINDENT 
TAHLE XIJJ. board of education — METHOD OP SELECTION 

Showing how members of the board of education secure the 
office in twenty-one cities of the United States. 

Method of Selection Number of Cities 

Group I (6 cities of the first class) 

Appointed by a court i 

Appointed by mayor and confirmed by the council i 

Elected by popular vote 4 

Group II (15 Special CJiartcr Cities) 

Appointed by the mayor 2 

*Appointed by mayor and approved by the council 4 

Appointed by cit}' commission or council 2 

^Elected by popular vote ' ■ . 6 

City Com. serves as board of education i 

of the twenty-one allow for ward representation.'' Ten or 
practically half provide for election of board members by 
popular vote. Philadelphia^ is putting into practice a 
theory that evidently was designed to place a judicial 
rather than political type of mind in control of the 
schools ; and Greensboro^ tried a unique experiment in 
commission government, that eliminated the board of edu- 
cation entirely and made the superintendent a strong 
executive subject only to the commission. 

Table XIV shows the provision that has been made for 
the removal of board members in a number of the cities 
studied. It seems that, if any one principle holds, it is 
that the appointing power should also have the power of 
removal. Where members secure office by popular vote, 
removal by recall and by the courts seem to be equally in 
favor. 

*In each case, one city only has ward representation. 
^Providence, R. I., Charter and Special Laws, 1916. 
^Pennsylvania, The School Law, 1919, p. 18, Sec. 202. 
•Greensboro, N. C, Charter, 1912. 



STATUS OF superinte;ndent in 34 state;s 83 

TABLE XIV. BOARD OF EDUCATION — ^REMOVAI, 

Showing authority empowered to remove members of the 
board of education. 
Authority empowered to remove 
members of Board of Bducntion No. of Cities 

Group I 
The courts 3 

Group II 

The Mayor 2 

The council • 2 

The mayor subject to appeal to courts i 

The recall popular vote ■ 3 

In the remaining 9 cities (3 of Group I and 6 of Group II) the 
writer did not find any specific provision in law or charter for 
removal of board members : in these cases the general law ap- 
plicable to smaller cities or to the school system in general 
would apply (this general law was consulted and bears out 
these facts). 

Table XV shows the size of boards of education. Five 
(5) is the mode for the 21 cities ; and the exact median is 
less than seven (7). In a few cases the board has ex 
officio membership. In Berkeley one of the five members 
is a "Councilman appointed to be Commissioner of 
Finance and Revenue." ^ In Providence, "The Mayor, 
the president of the common council, and the chairman 
of the committee on education of the city council" are ex- 

TABLE XV. BOARD OF EDUCATION — NUMBER OF MEMBERS 

No. of members 

constituting board. No. cities 

4 T 

5 ^ 

7 4 

9 2 

11 2 

12 I 

15 I 

20 I 

(No Board of Education) I 

^Berkeley, California, Cliarter, 1909, p. 15, Sec. 8, 



84 LEGAL STATUS OF CITY SCHOOL SUPERINTgNDl^NT 
TABLE XVI. BOARD OI' EDUCATION LENGTH OF TE^^M 

Term in years A'o cities 



2 



3 



3 2 

4 6 

5 3 

6 5 

officio members ox the committee of 2D ward represc. na- 
tives.^ In Birmingham, the president of the City Com- 
mission is also president of the board of education.' 

Table XVI gives the length of term of board members 
in the 20 cities studied. Here, the mode and the median 
is four years, with the range from two to six years. 
THL supe;rintende;nt 

All of these 21 cities have legislative provision for a 
superintendent of schools. In this small group, there ar - 
six distinct means of selecting the chief school officia' 
(See Table XVII), although 16 of the 21 vest the board 

TABLE XVII. THE SUPERINTENDENT — HOW SELECTED 

Group I. By Board of Education 5 

By Board of Education subject to veto or ap- 
proval on appeal to State Commissioner i 

Group II. By Board of Education 11 

By City Commissioner i 

By City Council i 

By Mayor . . . .' i 

By Popular Vote 1 

TABLE XVin. THE SUPERINTENDENT — HOW REMOVED 

Group of Authority vested with 

cities power to remove Supt. No. of c't'. -^ 

I Board of Education 5 

(No provision for removal 1 

II Board of Education 6 

Mayor 2 

City Commission i 

*Not specified in code or charter 6 

^Providence, Rhode Island, Charter and Special Laws, 1916, p. 184. 

Sec. 5. 
^Birmins-ham, Alabama, Code, 1917, p. 54, Sec. 45. 
*In these fix case.s the provisions of the general law operate: only the 

city code and special charters were consulted. 



STATUS OF SUPIiRIIsTKNDENT IN 34 STATES 85 

TA.GLE XIX. THE SUPERINTENDENT — TERM OF OFFICE 

I roup of 
cities Terms in Yea"s No. cities 

1 I to 4 1 

4^ I 

4 4 

II I I 

I, 1-5' -.1 

2 2 

4 ; 2 

Not sptcit^ed" 9 

of education with responsibility for his appointment. 
Table XVIII shows the provision that has been made for 
the removal of the superintendent from office. 

Only 12 of the 21 cities specify the length of term for 
which the superintendent may or shall be elected ; six 
make the term definitely four years, while only one re- 
quires an annual appointment. 

POWERS AND DUTIES OE THE SUPERINTENDENT 

The powers 'and duties of the superintendent fall into 
three main groups: (a) Those in which he has advisory 
power only; (b) those in which the power of initiative 
is vested solely in the office of the superintendent; (c) 
those over which the board of education either has no 
control or control of merely an advisory nature. A fourth 
group, purely executive functions, of course, is as- 
sumed; and the exercise of these executive functions are 
sometimes safeguarded by statutory provision. These 
four groups will be noted in order, briefly. 

( I ) In a number of the cities the superintendent's ad- 
visory function is specified and safeguarded in the law. 
In New Orleans, "He shall be entitled to participate in 
the deliberations and debates of said board, but shall 

ipi'otationai'y term of one year ; when reappointed term is 4 years. 
^Probaticnary term of one year; when reappointed term may be 5 years. 
^The provisions of tbe general law for cities govern these cases, 



86 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT 
TABLE XX. ADVISORY POWERS OE THE SUPERINTENDENT 

Enumerating certain functions concerning which the general 
laws or the city codes and charters vest the city superintendent 
with advisory powers and responsibility. 

FUNCTIONS CITIES 

Buildings and Grounds 
Preparation of plans for 

new buildings Philadelphia, Berkeley, Alhambra 

Repairs Philadelphia, Baltimore, Los 

Angeles, San Francisco. 

Curricula New Orleans, Baltimore. San 

Francisco, Houston. 
Selection of : — 

Textbooks New Orleans, Baltimore, San 

Francisco. 

Instructional Supplies San Francisco. 

Instruction New Orleans, Houston. 

^This taJble includes only these instances in the laws relating to cities 
of the first class or in city codes and charters where the superin- 
tendent is specifically required to advise the board on some par- 
ticular function. 

,have no vote." ' In Los Angeles it is the duty of the 
superintendent to "attend all sessions of the board, and 
inform it at each session of the condition of the pubHc 
schools, shool houses, school fund, and other matters 
necessary for the advancement of education in the city." '' 
In addition to the general advisory duties of the super- 
intendent mentioned above, the law often mentions certain 
specific functions concerning which he must advise the 
board, and on which the board shall not take action until 
they have considered his advice. These provisions are 
indicated roughly in Table XX. 

INITIATORY POWERS AND DUTIES OF THE SUPERINTENDENT 

Figure 3 in Chart B indicates the large number of 
functions which various cities have made the superin- 
tendent's office responsible for initiating. The intent of 

^La., 1919. p. 150, Sec. 66; Ind., 1917, p. 166, Sec. 296; Tenn., 1919, 

p. 73, Sec. 1142; 111., 1917, p. 50, Sec. 130. 
»Los Angeles, Calif., Charter, 1913, p. 64, Sec, 78, 



STATUS OF SUPERINTENDI;nT in 34 STATES 87 

the law seems to be clear that in these cases the board of 
education shall take no action until the superintendent 
has placed the matter officially before the board. On the 
other hand, the law makes it imperative that the superin- 
tendent shall take action. Occasionally, the principle is 
not written into the law whole-heartedly. The Illinois law 
for cities of 100,000 population is indicative of the com- 
promise that is probably struck when this principle is put 
into actual practice for the first time, .... "Appointments, 
promotions and transfers of teachers, principals, assistant 
and district superintendents, and all other employees in 
the teaching force, shall be made, sites shall be selected, 
school houses located thereon and plans for the same ap- 
proved, and text-books and educational apparatus and 
equipment shall be adopted and purchased by the board of 
education only upon the, recommendation of the superin- 
tendent of schools, unless it be by a two-thirds vote of all 
the members of the board." ^ But for the most part, the 
superintendent's obligation is more securely fixed. In 
Indianapolis his "appointments, promotions and trans- 
fers of teachers" stand unless vetoed by a four-fifths vote 
of the board ; and then the board can take no further ac- 
tion until the superintendent makes a new recommenda- 
tion.^ In Greensboro the principle held for the appoint- 
ment of all employees of the schools.^ In New Haven, 
the initiatory powers and duties of the superintendent are 
more firmly fixed in that he shall take such action as he 
sees fit in changing courses of study, appointing, trans- 
ferring and dismissing members of the instructional staff, 
and shall report the same to the board of education at its 
next meeting. Obviously, this procedure places more 



^Illinois, 1917, p. 50, Sec. 130. (Italics by the lauthor.) 

'Indiana, 1917, p. 166, Sec. 296. See also : Missouri, Revised Statutes, 

1909, p. 3435, Sec. 11035; Alhambra, Calif., Charter, 1915, p. 49, 

Sec. 95. 
^Greensboro! N. C, Charter, 1912, p. 19, Sec. 20. 



LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT 



TABLE XXI. INITIATORY POWERS OF THE SUPERINTENDENT 

Functions for whose exercise, the power of official initiative i-i 
vested solely in the office of the superintendent ; the board's actioti 
being confined to consideration of the superintendent's recom- 
mendations. (See figure 3, Chart B, for the particular cities 
concerned.) 



Functions 


Group I 


Group II 




6 cities 


15 


cities 


Appointment of : 








Asst. Supt. 


5 




3 


Principals 


3 




3 


Teachers 


4 




6 


Attendance Officers 


I 






Other Employees 






I 


Transfer of: 








Principals 


2 




I 


Teachers 


3 




I 


Attendance Officers 


I 






Promotion of : 








Instructional Staff 


3 






Attendance Officers 


T 






Dismissal 








Asst. Superintendents 


4 






Principals 


3 




I 


Teachers 


4 




5 


Attendance Officers 


I 






Buildings and Grounds 








Preparation of building plans 


I 






Location of school sites 


I 






Curricula 


4 




3 


Selection of : 








Textbooks 


4 




I 


Instructional supplies 


^ 




I 


."-^uoervision of Schools 


4 




S 


Teachers 








Examination 


4 




I 



responsibility for clear thinking" and right action on the 
part of the superintendent, than if he were obliged to se- 
cure the approval of the board before taking any step/ 
Table XXI enumerates the functions and gives the num- 
ber of the 21 cities studied, which have definitely vested 
the power of official initiative for the exercise of said 



♦New Haven, Charter Ordinances, ]914, p, 54, Sec. 107. 



"status of SUPE;RINTENDi:NT IN 34 STATES 89 

function in the office of the city superintendent. The par- 
ticular cities concerned are indicated by figure 3 on 
Chart B. 

re;sponsibii,ity ve;sti];d soIwEIvY in the; ofi^ice of 
sup]3Rinti;nde;nt 
In different cities, certain functions of school adminis- 
tration have been vested entirely or almost so in the office 
of the superintendent ; in these cases the board of educa- 
tion has little or no control. The superintendent of San 
Francisco appoints and may dismiss his deputy super- 
intendent.'' In St. Louis the superintendent has power 
to appoint and remove clerks within the limits set by the 
board as to number and salary.^ In San Francisco the 
superintendent and his deputies constitute the City Board 
of Examiners and have full power to "prescribe a stand- 
ard of efficiency" for each type of certificate to be granted.' 
In Chicago, the superintendent or a person "authorized 
by him in writing" is the only authority vested with 
power to issue employment certificates;^ and the super- 
intendent decides whether a pupil from private or paro- 
chial school "has completed sufficient work to entitle him 
to an eighth grade diploma."" The superintendent of 
Greensboro had "power to discharge any teacher or other 
employee connected with the schools, for any cause satis- 
factory to himself, ... .and establish rules and regula- 
tions for the government of the schools, and from his 
authority, zvith respect to these matters, there shall be 
no appeal." But in case of discharge, he must report 
such fact to the board of commissioners; and at the re- 
quest of any commissioner must file "in writing, a full 
report of his action, and of all reasons in influencing him 

'San Francisco, Charter, 1911, p. 106, Sec. 2-4 ; p. 175, Sec 21. 
^Missouri, R. S., 1909, p. 3436, Sec. 11035. 
'San Francisco, Charter, 1911, p. 107, Sec. 6. 
^Illinois, 1917, p. 117, Sec. 4. 
"Illinois, 1917, p. 4, Sec. 1-a. 



90 LE;GAL status of city SCHOOIv SUPERINTENDilkT 



to discharge such employee."* In New Haven the super- 
intendent's "monthly reports shall be entered in a suit- 
able book provided for the purpose, and shall be kept as 
a part of the records of the department."^ The above 
illustrations are typical of those powers and duties of the 
superintendent indicated by figure i in Chart B and set 
forth in Table XXII. 

TABLE XXn. POWERS AND DUTIES OE THE SUPERINTENDENT 

Enumerating those functions in the exercise of which the super- 
intendent's action or decision is not subject to any action what- 
soever by the board. 

Group I 



Fuprtions 
Appointment 

Clerks (Inst. Dept.) 

Transfer 
Teachers and princi- 
pals 

Dismissal 
Asst. Superintendent 
Clerks (Inst. Dept.) 

Teachers and princi- 
pals 

Attendance Officer 
Other Employees 

Selection of 
Textbooks and In- 
structional Sup- 
plies 

Supervision of Schools 

Teachers, Examina- 
tion of 

Rules and Regulations, 
Making of 

Reports to 
State Officials 

Municipal Officials 



^ndiananolis. 
St. Louis 



Indianapolis, 
St. Louis 



Louisville. 



Louisville, 



Group II 



Berkeley 
New Haven 

San Francisco 



Greensboro 
San Francisco 
Greensboro 



Indianapolis 

San Francisco 

San Francisco 

Greensboro 
New Orleans, Philadelphia. 

■Rutland 



^Gveen^boro, N. C, Charter 1912, p. 20, Sec. 30. 

^New Haven, Charter and Ordinances, 1914, p. 54, Sec, 107, 



STATUS Olf SUPERINTENDENT IN 34 STATES 9I 

THE SUPERINTENDENT AS AN EXECUTIVE OEEICER 

The previous discussion of the powers and duties of 
the superintendent indicate the executive nature of his 
position. In a number of the cities he is considered one 
of the board's executive officers;^ in a few cities he is 
specifically named as the executive officer of the board." 
In the latter group it is usually specified that all in- 
structions or orders of the board of education to princi- 
pals, teachers or other employees shall be given through 
the superintendent.' 

OTHER EXECUTIVE OEEICERS 
Of the 21 cities studied seven make provision for one or 
more executive officers other than the superintendent and 
assistant superintendents. These are named in Table 
XXIII. 

TABLE XXIII. EXECUTIVE OEEICERS OTHER THAN SUPERINTENDENTS 
AND ASSISTANT SUPERINTENDENTS 

City Title of Official 

Chicago Business Manager, Attorney 

Indianapolis Business Director, Supt of Buildings 

and Grounds, Librarian 

Louisville Business Director 

Philadelphia Supt. of Buildings,x Supt. of Supplies.x 

St. Louis Com. of School Buildings 

Baltimore Supervisor of School Buildings. x 

New Haven Inspector of Buildings.x 

NOTE: — Those marked with the (x) may be appointed; the 
others mentioned above must be. In addition, the boards may or 
must elect a secretary. In many cases the law specified that he 
shall not be a member of the board.^ The secretary usually has 
control of the employees who serve directly under him.'' 

The manner and time of election, the term and tenure 
of the above-named executive officers are similar, in 

^Indiana, 1917, p. 166, Sec. 295. 
Pennsylvania, 1919, p. 128, Sec. 2223. 
Illinois, 1917, p. 48, See. 129. 

'Berkeley, Calif., Charter, 1909, p. 58, Sec. 103. 
Alhambra, Colo.. Charter, 1915, p. 49, Sec. 93. 

'Pennsylvania, 1919, p. 25, Sec. 303 ; III., 1917, p. 48, Sec. 129 ; La., 
1919, p. 147, Sec. 64 ; Mo., 1909, Revised Statutes, p. 8434. Sec. 
11033; San Francisco, Charter, 1911, p. 101, Sec. 2. 
•Missouri, R. S., 1909. p. 3438, Sec. 11041. 



92 LKGAL status OE* city SCHOOr. SUPERINTENDENT 

their respective fields to the superintendent. In Chicago, 
Indianapolis and St. Louis they are elected for four year 
terms ;' in Louisville for a probationary term of one year, 
and for four year terms when reappointed." In Phila- 
delphia, the appointment must be made each year.* They 
may be removed by a majority vote of the board, usually 
with the privilege of a hearing with counsel.'' 

In Chicago and Louisville, the business manager or 
director exercises approximately the some powers and 
duties as are vested in both superintendent of buildings 
and superintendent of supplies in Philadelphia or the 
business manager and superintendent of buildings in 
Indianapolis. Table XXIV gives a general analysis of 
their powers and duties. 

In Louisville and Chicago the office of business man- 
ager or director combines the duties of the two positions 
enumerated above.^ The appointment and removal of 
subordinates in Chicago is subject to the civil service 
rules of the city;' and in St. Louis and Louisville, the 
board of education is empowered to institute a compet- 
itive system, in which case the executive officer is re- 
quired to make his appointments from the lists obtained 
by such competitive examinations.* In every case, such 
executive officer is required to "perform such other duties 
as the board may direct.** 



^111., 1917. p. 48, Sec. 129; Mo., R. S., 1909, p. 3436, Sec. 11036; Ind., 

1917, p. 166, Sec. 295. 
«Ky., 1918, p. 184, Sec. 404. 
^Pennsylvania, 1919, p. 128, Sec. 2223. 
^Illinois, 1917, p. 49, Sec. 129. 
^Ky., 1918, p. 185-187, Sec. 405-409. 

111., 1917, p. 49, Sec. 129; p. 50, Sec. 130. 
*in., 1917, p. 49, Sec. 129. 

Ky., 1918, p. 186, Sec. 407. 
*Mo., R. S., 1909, p. 3436, Sec. 11035. 
**Baltimore, Charter, 1915, p. Ill, Sec. 100, 



STATUS O]? SUPERINTENDENT IN 34 STATES 93 

TABLE XXIV. POWERS AND DUTIES OE OTHER EXECUTIVE OFFICERS 

Showing in a general way the powers and duties specified b}' 
law for the chief executive officers of the board, other than super- 
intendent. 

Superintendent of Buildings 

1. To supervise buildings and grounds— heating, venti- 

lating plumbing, and drainage, usually specified. 

2. To appoint and discharge engineers, janitors and other 

employees of his department, subject to approval of 
the board. 

3. To supervise construction of new buildings. 

4. To supervise making of alterations and repairs. 

5. To instruct janitors and other workers. 

6. To report monthly, annually or oftener — through these 

reports to advise the board. 

Business Director or Manager 

I. To execute contracts and obligations of the board. 
To see that contracts are fully and faithfully per- 
formed. 
To advertise for bids; and make all purchases author- 
ized by the board. 
To have custody of all property not otherwise pro- 
vided for. 

5. To appoint, and remove, subject to approval of the 
board, all employees not otherwise provided for. 

6. To report to the board monthly, annually, and oftener 
as he sees fit or as the board directs. 

To m^-'t wHh the board and superintendent; to have a 
voice in the deliberations, but not a vote. 

I KEATIONS OE THE SUPERINTENDENT TO OTHER EXECU- 
TIVE OEEICERS 
It will be noted from Table XXIII that only four of the 
twenty-one cities considered, require the board of educa- 
tion to elect an executive officer other than superintend- 
ent. There is some recognition in the law of the over- 
lapping of functions of executive officers ; and in each 
case a tendency to recognize the office of the super- 
intendent. In Philadelphia, "All plans for new school 
construction, additions or repairs shall be approved by 
the superintendent of buildings and shall be submitted to 



94 LEGAL STATUS OF CITY SCHOOL SUP^RINTENDIlNT 

the superintendent of schools for criticism before sub- 
mission to the board of pubHc education for adoption.'" 
In Chicago, "sites shall be selected, school houses located 
thereon and plans for the same approved, only upon the 
recommendation of the superintendent of schools, unless 
it be by a two-thirds vote of all the members of the 
board."' In Providence, the secretary of the board is re- 
quired by law to keep all accounts "in such form as may 
be required by the superintendent." ' 

TEACHE;r participation in administrative FUNCTIONS 

The charter prepared and proposed by Minneapolis, 
1913, but which failed of adoption, gives the only com- 
prehensive scheme, found by the writer in the charters 
and codes of ordinances of the 34 cities considered, for 
participation by teachers in administrative functions. The 
clause of the proposed charter follows : 

It shall be the duty of the School and Library Board 
to provide by rule for the election of a board of teach- 
ers of the public schools, elected by secret ballot by the 
teachers and principals thereof. Said board of teach- 
ers shall be called together by the board from time to 
time, at least once every four months, to advise with 
said board and superintendent of schools upon matters 
relating to the designation of text-books, adoption of 
courses of study, methods of teaching, and other mat- 
ters pertaining to the conduct of the schools. Said 
meetings shall be public and records thereof kept as 
public records. Said board of teachers shall have pow- 
er to pass resolutions and make recommendations upon 
the above mentioned subjects, but the adoption of such 
recommendations shall be discretionary with the. . . . 
Board and superintendent of schools. — Minneapolis, 
Charter, 1913, p. no, Sec. 192. 

^Pennsylvania, 1919, p. 120, Sec. 2231. 

"Illinois 1917. p. 50, Sec. 120. (Italics by the author.) 

^Providence, R. I. Code of Ordinances, 1914. p. 190, Sec. 4. 



STATUS OF SUPERINTENDENT IN 34 STATES 95 

GENERAL EEGISEATION VS. SPECIAL CHARTERS 

The special charters studied are of two general types. 
One vests more or less control over school affairs 
in the city council or other municipal civil authorities; 
the other type considers the board of education a corpora- 
ate body independent of all control from city civil author- 
ity. Thirteen of the fifteen cities of Group II belong to 
the first type. Chart B shows that in the main this control 
applies to the budget and to the various functions con- 
cerning buildings and grounds. 

The powers of the city council are set forth clearly in 
the enabling act for Baltimore City, Maryland. The law 

reads, "The mayor and city council shall have full 

power and authority to establish in said city a system of 

free public schools under such ordinances, rules 

and regulations as they may deem fit and proper to enact 
and prescribe ; they may delegate supervisory powers and 
control to a board of school commissioners ; may pre- 
scribe rules for building school houses, ; and may 

in general do every act that may be necessary or proper in 
the premises." * The above section gives to the city the 
whole of the state's power over public schools in Balti- 
more, subject, of course, to the state's right of repeal* 
The Buffalo charter^ gave the council a general control 
over all the affairs coming under the charge of the board 
of education. The council selected the superintendent; 
and regulated by resolution or ordinance the preparation 
of lists of applicants for teaching positions, salaries, 
terms and conditions of appointment. "The course of 
study and systems of education shall be established .... 

^Md. Code. Vol. 2, 1911, p. 1746, Sec. 121. 

^Hooper vs. New, 85, Md., 581 ; Baltimore vs. Weatherby, 52, Md., 451. 

■^liite charter was superceded by the law of 1917, vrhich placed the 

functions enumerated above under the control of the board of 

education. See New York Education Law, 1920, p. 249, Sec. 866, 

par. 5; pp. 251-255, Sec. 868-870. 



96 li;gai. status o:F" city school superinte;nde;nt 

as the council may prescribe." * In Nashville the board 
of education cannot make any change in the plan of in- 
struction and organization of the public schools "with- 
out first securing the approval of the city council." ° In 
Houston, any applicant for a teaching position in the 
public schools must first present to the mayor a certifi- 
cate "of good moral character and of correct and exem- 
plary habits ," the mayor may certify such applicant to 
the board of examiners, and no appointment may be made 
by the school trustees without the mayor's certificate.' 
With the exceptions noted above, the general tendency 
is to give the board of education full control over all ques- 
tions other than the budget and school property. 

On the other hand, the charters of two of the cities in 
Group II vest the board of education with full control of 
the public schools.^ To these should be added the third 
group of cities whose charters grant "home rule" in all 
matters except control of the public schools. 

Of this group, five have the commission form of gov- 
ernment and one has the city-manager type. 

Of the 27 cities, constituting Groups II and III, one 
gives the city commission entire control of the public 

.CITIES OF GROUP III 

Naming the cities studied, whose schools operate under the 

general school laws ; and giving the date on which each charter 

was adonted. 

Ashtabula, Ohio^ 1914 Portland, Oregon 1913 

Cedar Rapids, lowax 1909 Richmond, Va. (code and 

Denvel, Colorado x 1914 Chater) 1910 

Des Moines, Iowa x 1912 Seattle. Wash, x 1914 

Lincoln, Nebraska x 1917 Tacoma, Wash 1913 

Milwaukee, Wis. (code) . . 1916 Toledo, Ohio 1919 

Waco, Texas 1914 

xCommission form of government. 



^Buffalo, Charter, 1916, Art. 1, pp. 260-267, Sec. 290-304. 

'^Nashville, Charter, 1909, p. 90, Sec. 51. 

^Houston, Texas, Charter and Ordinance, 1914, p. 306, Sec. 949-951. 

■"■Alhambra, Cal., Los Angeles, Gal. 

^City Manager type. 



STATUS oi' supe;rintendii;nt in 34 stati;s 97 

schools f four give the city council or commission a gen- 
eral control over the schools and specific control over 
financial and certain instructional and appointive func- 
tions f six others give the council or commission a strong 
control over the budget, and purchase and sale of proper- 
ty;* in two, the city council has only a very limited con- 
trol over the tax levy and purchase and sale of proper- 
ty f two have certain home rule privileges vested in the 
board of education with no control from municipal civil 
authorities ;* the remaining twelve operate under the gen- 
eral laws of the state. 

With the exception of the control given to the civil 
municipal authorities in four cities over certain instruct- 
ional and appointive functions, the charters and codes of 
the cities studied fail to show a single provision for city 
school administration that is not included in the general 
legislation for city school systems of one or more states. 

SUMMARY 

This study of 34 American cities, whose charters have 
been adopted during the past decade shows that: — 

(i) Ward representation for members of the board 
of education has practically disappeared. 

(2) The majority of boards consists of from five to 
seven members, elected by popular vote for a term of four 
years. 

(3) In the large majority of cities, the board of educa- 
tion elects the superintendent and may remove him from 
office. 

(4') The superintendent serves four years; his duties 

''Greensboro. 

^Buffalo, Baltimore, Houston, Nashville. 

^Birmingham, Berkeley, New Haven, Providence, Rutland, San Fran- 
cisco. (In the latter city control is vested in a board of super- 
visors for city and county.) 

■^Dallas, Atlanta. 

'Alhambra, Los Angeles. 



98 LEGAL STATUS 01^ CITY SCHOOL SUPIJRINTENDENT 

are to advise the board of education ; to take the first or 
initial official action in the exercise of many functions ; 
and to exercise a few specific functions independent!}^ of 
any control from the board of education. 

(5) Practically no specific provisions for city school 
administration are made by special charter that are not 
also included somewhere in general legislation for city 
school systems. 



CHAPTER V 

THE JUDGMENT OF LAY AND PROFESSIONAL 
LEADERS IN EDUCATION AS TO THE 
LEGAL STATUS THAT SHOULD BE 
GIVEN TO THE CITY SCHOOL SU- 
PERINTENDENT 

Opinion goes before the law. For, obviously, in a 
democratic community, only such opinion as is strong 
enough to command the respect of a majority of the 
legislative body can ever be enacted into law. And in 
shaping the body of public opinion on the problems in- 
volved in any profession near to the public welfare, it is 
the members of the trade, business or profession whose 
thought and experience must give direction to the public 
judgment. It is, then, to the men and women of today 
who are most intimately connected with the city school 
systems, that we must look for guidance in shaping any 
policy or expression of theory as to the best scheme of 
legal organization for city school administration. 

To secure such judgment the "form" or questionnaire 
given below was prepared. It was designed, particularly, 
to call attention to and secure a judgment concerning the 
three phases of an administrative function, viz., (i) tak- 
ing the first official step or initiative, (2) approval of the 
plan or recommendation, (3) actually putting the plan or 
recommendation into operation, i. e., executing it. Opin- 
ion was also sought on the vital question as to whether 
any revision of the law controlling city school adminis- 
tration should recognize the right or responsibility of 
teachers to participate in the exercise of any administra- 
tive function. 

99 



fositlon_ 



Ci-ty. 
Sta.te 



WHAT SHOULD BE THE LEGAL STATUS OF THE CITY 
SCHOOL SUPERINTENDENT? 

This form is designed to secure representative judgment as to the specific responsibility, that should be ftxed by law, npon 
superintendent, teachers and board of education, in the excrdse o{ certain functions of city school admiBistrabon. 

Read each function, and check ( tO the column or columns which yon bebeve represent the responsibility that should be fixed by 
law for initiating the function. Decide whether the superintendent or board of education should actually do the thing i 
and check accordingly. Decide vhcthcr the (unction should be approved before execution or after exea 
If you believe that teachers should participate, check that respective column. If any part of the form i 



I back of sheet 





Phases of Responsibility in the Exercise of Each Function That Shonid be Determined by Sutute. 


FITJCTIONS of City School 


Supt or Executive Officer 

subordinate to SupL 

should : 


Board of Educatioi] should: 


Teachers 
should: 




Admmistration 


Initiate 


Execute 


Approve 


Initiate 


Execute 


Approve 
before 


Approve 
after 

tioD 


lDitiat« 


Partici 


CriDdsm 


1. AppoiotmeDl <rf: 






















b. Bnsioos MxfUKcr 






















c Srctet»rj to Bovd 






















d. Priodpala 






















c Tcuh<T» 






















t J«nhof» 






















8. Oerbi 






















h. Atrendance officer* 






















L Heahh. r«crat>oD>l taA aodal 






















2. Trviuier ofi 






















b. Holih. rccrcanoiul aod kcuI 






















c. AU other cmploTM* 






















3 Prmhiil of: 

Bt^ai iuptTiniauleiits 






















b. Bealth. ncreatioul .ud maaaX 












1 








C AH other employees . 






















4. PrcpMtion of die Budget 






















0. Attendancet 






















b. Enforcing of compuLui? at 






















6. Bulldms. and Grou»U: 






















ctmctioD 












































d. Ke« 






















t M3iiiteiui)c« — repairs 






















7. Curricala: DetermiiuboB of 

a. Subjects to \tc iadudrd 






















t. Con.rnt of «.bi<^t. 






















8. Making of rule* and regoU- 






















b. No. poUcie. 






















S. Selection of: 

a. Textbooks 






















b. Icisti-uctiaiul sopptica 






















,^ Oth« njppUc 






















10. Dir«ctioD and Superriuon 

». U«<UcaI inspecHoD 






















b. Claasroom inatmction 






















c. G^ic cMitcT activities 






















d. EvffiiiiB achoob 






















e. Condnaarioo achooU 








^_ , 
















♦■•luitiato- includes: to noiiihiato. lo recommend, to take the first step or make the first uflicial 
tnove. -Appi-oval before execution" meun« the responsibility for dec-idini; beforehand whether or not 
the particular thiuj; shall be dune. i. e., executpil. ■'Kxicute'' means the actual doing of the thin;; 
e. g.. the actual conversation or correspondence with a teacher in reten nee to her appointment, the 
actmg as agent for the city in the purchase of land, the directing dX the makins of repaii-s. "Approval 
«fter execution" includes (a) Approval of routine matters, e. g,. approval of bills, (h) Itight of re- 
vlew.-as a means of checking or guiding future aclion of executive officers, (c) The settlement i>l 
questions on appeal. ••Participate" Is u.sed herein to irelude any recorded iudiiment of teachere foi 
the inforniation and po.-isible ftuidnncc .if superintendent, of toiird of cducati.m or both 



JUDGMENT OF IvEADEjRS AS TO IvEGAI. STATUS lOI 

The judgment was sought of members of boards of 
education, of superintendents, and of other educational 
leaders prominent because of their influence in shaping 
thought on school administrative problems. The "form" 
was mailed to 136 superintendents and other educational 
leaders ;^ 105 replies were received. The first hundred to 
come in were tabulated, the last five were omitted; their 
inclusion would have had little or no effect on the results 
as given. Of the 100 men whose replies were used, 91 
were city superintendents, and the others were either 
university teachers of school administration or members 
of state departments of education. With possibly one or 
two exceptions all of the non-superintendents had at one 
time or another been city superintendents. The super- 
intendents represented cities in size from 2500 to nearly 
a million and from 37 states of the Union. The "form" 
was also mailed to 100 other superintendents with a re- 
quest that they ask their board of education or a member 
of the board to check it and return it ; also the Secretary 
of the State Federation of School Boards of New Jersey 
mailed copies to about 50 boards of education, asking that 
some member check the same and return to the writer. 
Forty-seven replies were received from the first group 
and nine from the second. These were tabulated to- 
gether. Only 51 were checked and one of these being 
checked only for "approval" was omitted ; the remainder 
wrote their opinions or judgment on the back of the 
"form." The replies received represent cities of varied 
size from 15 states. The data from professional and 



^Three factors determined the selection of men asked to contribute to 

the study : — 

(a) Their experience and reputation for having helped build suc- 
cessful school systems. 

(ihO Representative cities from each of the 48 states. 

(c) Representative cities ranging in population from 5000 to more 
than a million. 



I02 IvEGAI, STATUS OP" CITY SCHOOI, SUPEIRINT^NDENT 



TABLE XXV. RESPONSIBILITY EOR OFFICIAL INITIATIVE 

Showing the per cent, of lOO educational leaders who would 
vest the sole power of official initiative: (a) in the superintend- 
ent, (b) in the board of education, (c) in both board and 
superintendent, (d) in teachers, and (e) the per cent, not 
checking for initiative. 

Per cent, who would vest the sole 
power of official initiative in 



3- 



Administrative 
functions 



Supt. 



Appointment of: 

a. Assistant Supts. 

b. Business Manager 

c. Secretary to Board 

d. Principals 

e. Teachers 

f. Janitors 

g. Clerks 

h. Attendance Officers 
i. Health, Recreational and 

Social Workers 95 

Transfer of : 

a. Teachers, Principals 99 

b. Health, Recreational and 
Social Workers 95 

c. All other Employees 76 
Dismissal of: 

a. Teachers, Principals and 
Asst. Supts. 91 

b. Health, Recreational and 
Social Workers 89 

c. All other Employees "j^y 

4. Preparation of the Budget 82 

5. Attendance : 

a. Taking of Census 78 

b. Enforcing of Compulsory 
Attendance Laws 88 

6. Buildings and Grounds : 

a. Purchase and Sale of 45 

b. Preparation of Plans for 
Construction 69 

c. Supervision of Construction 42 

d. Rent 48 

e. Maintenance — ^Repairs 63 



93 




62 


28 


24 


67 


97 
08 




yo 
72 


12 


89 


2 


94 


2 



Bd. Bd.& Teach- Non- 
Supt. ers Class'd 



7 

9 
3 
2 
16 
9 
4 



s. 
14 



I 
10 



3 




8 


6 


3 


■■ IS 


2 


I 


■ ■ 15 


16 




6 


6 


2 


4 


35 


5 


. • 15 


15 


I 


15 


41 


I 


.. 16 


Z^ 


I 


• 19 


21 


3 


, , 13 



JUDGMENT OF r,E;ADE;RS AS TO IvEGAI, STATUS I03 

Administrative Per cent, who would vest the sole 

functions power of official initiative in 

Supt. Bd. Bd.& Teach- Non- 
Supt. ers Class'd 

7. Curricula : Determination of : 

a. Subjects to be included 95 ' . . i . . 4 

b. Content of Subjects 85 .. 2 8 5 

8. Making of Rules and Regu- 
lations Ljoverning 

a. Routine Matters of School 
Procedure 91 i 

b. New Policies 79 

9. Selection of : 

a. Textbooks 87 

b. Instructional Supplies 87 

c. Other Supplies 79 6 

10. Direction and Supervision of 

a. Medical Inspection 89 i 

b. Class Room Instruction 91 

c. Civic Center Activites' 82 i 

d. Evening Schools 88 i 

e. Continuation Schools 87 i 

lay leaders will be treated first separately, and then to- 
gether or in contrast. 

In using a questionnaire two difficulties are manifest: 
(i) the one who checks to show his judgment may not 
be entirely clear as to the meaning of any particular item 
of the "form;" (2) the author may not read aright the 
judgment or opinion which the person who checked 
wished to convey. In order to safeguard against this 
second danger as far as possible, an attempt was made to 
analyze the replies in as much detail as possible and in the 
terms or wording of the questionnaire. This analysis is 
contained in the Code for Tabulating Form i, and is 
given in the appendix with Table C which shows in de- 
tail the distribution of opinion of educational leaders con- 
cerning the responsibility for the exercise of each of the 
35 functions named. 



I 


2 


c 


9 




12 




6 


7 




7 


6 




I 


14 


2 




8 




3 


6 


2 


2 


13 




I 


10 


I 


I 


10 



I04 le;gal status of city school SUPERINTENDIvNT 

RESPONSIBILITY FOR OFFICIAL INITIATORY ACTION 

The first question to be considered is whether the re- 
sponsibiHty for officially initiating action in the exercise 
of each function should be vested in the board of educa- 
tion, in the office of the superintendent, in both, or in the 
teaching staff. Table XXV gives the answer of the edu- 
cational leaders to this question for each of the sub-items 
in each of the ten functions listed on the questionnaire. 

The third column of Table XXV shows very little 
tendency to make both superintendent and board respon- 
sible for initial action ; the chief suggestion of such a ten- 
dency is in the initiating of new policies. 

With the exception of the appointment of business man- 
ager, secretary to the board, and janitors, and the various 
functions pertaining to "buildings and grounds" more 
than seventy-five per cent, would place the power of ini- 
tiating action solely in the office of superintendent. In 
fact, 90 per cent, or more would vest the superintendent 
with the sole power for officially initiating action in the 
exercise of the following functions : — 

1. Appointment of assistant superintendents, principals, 
teachers, attendance officers, health, recreational and 
social workers. 

2. Transfer of teachers, principals, assistant superin- 
tendents, health, recreational and social workers. 

3. Dismissal of teachers, principals and assistant super- 
intendents. 

4. Determination of subjects to be included in the cur- 
ricula. 

5. Making of rules and regulations governing routine 
matters of school procedure. 

6. Supervision of classroom instruction. 

Table XXV-A gives special consideration to those 



JUDGMENT OF LEADERS AS TO LEGAI, STATUS IO5 
TABLE XXV-A. INITIATORY POWERS OE THE BOARD OF EDUCATION 

Showing the apparent uncertainty that exists among education- 
al leaders as to where the responsibility should be placed for 
taking official initiative in the exercise of the eight functions on 
which there was less than 75 per cent, agreement. 

Per cent, of judges who would 
vest the power of official 
initiative in : 
Supt. Bd. of Ed. Supt. & Unclass- 
Bd. ified 



Appointment of : 










b. Business Manager 


62 


28 


I 


9 


c. Secretary to Board 


24 


67 




9 


f. Janitors 


72 


12 




16 


Buildings and Grounds 










a. Purchase and Sale of 


45 


35 ■ 


S 


15 


b. Preparation of plans for 










. Construction 


6g 


15 


I 


IS 


c. Supervision of Con- 










struction 


42 


41 


I 


16 


d. Rent 


48 


32 


I 


19 


e. Maintenance — Repairs 


63 


21 


3 


13 



functions in whose exercise, less than 75 per cent, of the 
judges agree on responsibihty for initial action. 

For four of the above functions, a majority would place 
the power of initiative in the office of superintendent, viz. : 
the appointment of business manager and of janitors, the 
preparation of plans for construction and maintenance- 
repairs. In only one function, the appointment of secre- 
tary to the board, does a majority clearly favor giving the 
board of education sole power of initiatory action. There 
is no clear majority of opinion as to whom should be le- 
gally responsible for initiating action in the purchase, 
sale, and rent of buildings and grounds, and in the super- 
vision of construction. The large number of unclassified 
answers is due in part to the expressed opinion of a num- 
ber of judges that in these functions the power of initia- 
tive should be vested in an executive officer other than 
the superintendent. 



I06 LEGAL STATUS OF CITY SCHOOL SUPERINTLNDE;nT 

There is little evidence favoring giving the sole power 
of initiative to teachers : the only indication of a tendency 
in this direction is the vote of six per cent, to make teach- 
ers solely responsible for selection of textbooks; seven 
per cent, for the selection of instructional supplies ; and 
eight per cent, for the determination of the content of 
subjects. 

indi;psndent rlsponsibility of board or 
superinte;ndent 

Before considering the division of powers further, it 
is necessary to note the opinion that would make the 
board or superintendent solely responsible and independ- 
ent of the other in the exercise of a particular function. 
Column I and column 2 of Table C represents this opinion 
respectively for the superintendent and the board. Those 
functions for whose exercise 10 per cent, or more of the 
judges would make the superintendent solely responsible 
and independent of the board are listed in Table XXVI-A, 
and those for whose exercise sole responsibility would be 
placed in the board of education are listed in Table 
XXVI-B. 

RESPONSIBILITY FOR APPROVAL 

The checking of the questionnaire for "approval" 
was not as clear as for "initiative." However, three dis- 
tinct phases of "approval" appear: (i) Those functions 
for whose exercise the initiatory and executive powers are 
vested in the superintendent whose action after it is taken 
may be subject to approval or reversal by the board. (2) 
the initiatory powers are vested in the superintendent 
but the approval of the board is necessary before any 
executive action can be taken. (3) the initiatory powers 
are vested primarily in the board, but the superintendent's 
approval is necessary before any executive action may be 



JUDGMENT OF I^EADERS AS TO IvEGAL STATUS IO7 

TA3LE XXVI-A. FUNCTIONS FOR WHOSE EXERCISE. 10 PER CENT. OR 

MORE OF THE JUDGES WOUI,D MAKE THE SUPERINTENDENT 

SOIvEEY RESPONSIBLE. 

Functions Per cent, of Judges 

2. Transfer of: 

a. Teachers, principals and asst. supts 22 per cent. 

b. Health, recreational and social workers 22 " " 

c. All other employees 17 " " 

5. Attendance 

b. Enforcing compulsory attendance laws.. 17 " " 
a. Taking of census 13 " " 

7. Curricula, Determination of : 

a. Subjects to be included 12 " " 

b. Content of subjects . . ■ • 22 " " 

8. Making of rules and regulations governing 

a. Routine matters 15 " " 

9. Selection of : 

a. and c. Textbooks, and other supplies 11 " " 

b. Instructional supplies ■ • 14 " " 

10. Supervision of 

a. Medical inspection 15. " " 

b. Classroom instruction • ■ 31 " " 

c. Civic center activities 14 " " 

TABLE XXVI-B. FUNCTIONS FOR WHOSE EXERCISE, 10 PER CENT. OR 
MORE OF THE JUDGES WOULD MAKE THE BOARD 
OF EDUCATION SOLELY RESPONSIBLE 

Functions Per cent, of Judges 

I. Appointment of Secretary to Board 46 per cent. 

5. Buildings and Grounds 

a. Purchase and sale 13 " " 

c. Supervision of construction . . ■ • 25 " " 

d. Rent 18 " 

e. Maintenance — Repairs 11 " " 

taken. The judgment of educational leaders on the phases 
of power of approval is given in Table XXVII. 

The principle of giving the board initiatory powers and 
requiring the superintendent's approval before executive 
action is taken is confined almost exclusively to those 
functions concerning which 25 per cent, or more of the 
judges disagreed as to the proper placing of responsibility 
for official initiative. (See Table XXV- A.) 



Io8 LEGAI, STATUS 01? CITY SCHOOL SUP£;RINTENDENT 
TABLE XXVII. THE POWER OE APPROVAL 

An analysis of the replies from lOO educational leaders to show: 
(i) How many would vest the superintendent with power of 
initiative, subject to approval by the board either after (A) or 
before execution (B) ; (2) How many would make any initiatory 
action of the board subject to the approval of the superintendent 
before execution; (3) How many did not differentiate between 
initiatory and approval phases of each function. 

Administrative 
Functions 



1. Appointment of 

a. Asst. Supts. 

b. Business Manager 

c. Secretary to Board 

d. Principals 

e. Teachers 

f. Janitors 

g. Clerks 

h. Attendance Officers 
i. Health. Recreational and 

Social Workers 41 40 81 . . 19 

2. Transfer of : 

a. Teachers, Principals and 

and Asst. Supt. 60 14 74 . . 26 

b. Health, Recreational and 

Social Workers 55 13 68 . . 32 

c. All other Employees 47 9 56 7 37 

3. Dismissal of : 

a. Teachers, Principals and 

Asst. Supts. 21 52 "jT, I 26 

b. Health, Recreational and 
Social Workers 

c. All otherEmployees 

4. Preparation of the Budget 

5. Attendance : 

a. Taking of Census 

b. Enforcing of Compulsory 
Attendance Laws 

6. Buildings and Grounds 

a. Purchase and Sale of 

b. Preparation of Plans for 
Construction 3 34 7,7 14 49 



Supt. Init 


Bd.Init. 


* 
^ 




Bd. Ap. 


Supt.Ap. 


c" 


After 


Before 


B'f 


Ex. 


V 


Exe. 


Exe. 









(A) 


(B) ( 


'AB) 




C/J 


22 


6i 


83 




17 


II 


41 


52 


17 


31 


4 


13 


17 


17 


66 


38 


45 


83 




17 


SO 


ZZ 


83 




17 


38 


29 


67 


12 


21 


48 


31 


79 


5 


16 


39 


38 


71 


I 


22 



25 


47 


7^ 


2 


26 


25 


Z7 


62 


5 


ZZ 


10 


53 


63 


2 


35 


36 


22 


58 


8 


34 


48 


13 


61 


3 


36 




20 


20 


24 


S6 



JUDGMENT 01^ LEADERS AS TO EEGAL STATUS IO9 
Functions 



Administrative 

c. Supervision of Construction 

d. Rent 

e. Maintenance — Repairs 

7. Curricula: Determination of 

a. Subjects to be included 

b. Content of subjects 

8. Making of Rules and Regu- 

lations governing 
■ a. Routine Matters of School 
Procedure 
b. New Policies 

9. Selection of : . 

a. Textbooks 

b. Instructional Supplies 

c. Other Supplies 

10. Direction and Supervision of : 

a. Medical Inspection 

b. Classroom Instruction 

c. Civic Center Activities 

d. Evening Schools 

e. Continuation Schools 

The last column Includes all cases where the sole exercise of a func- 
tion was vested in one party, either board of superintendent, and all 
other cases where there was no check for "approval" or where the idea 
of "approval" was not delegated solely to either the board or superin- 
tendent. 

In the exercise of three functions, half or more of the 
judges would give the superintendent power to initiate 
and execute subject to the board's approval after execu- 
tion. These are : the appointment of teachers ; the trans- 
fer of teachers, principals and assistant superintendents ; 
and the transfer of health, recreational and social work- 
ers. A majority would vest the superintendent with 
power to initiate but subject to the board's approval be- 
fore execution in the following: the appointment of as- 
sistant superintendents ; the dismissal of teachers, prin- 
cipals and assistant superintendents ; the preparation of 





Bd.J 


^P. 


SuptAi 





^fter 


Before 


! B'f 


Ex. 


Exe. 


Exe. 








3 


(A) 


(B) 


(AB) 








Supt. Init. 


Bd.Init. 




9 


25 


34 




21 


45 


4 


32 


36 




17 


47 


II 


29 


40 




10 


50 


48 


34 


82 






18 


40 


24 


64 






36 


46 


26 


72 






28 


19 


55 


74 






26 


44 


26 


70 




2 


28 


47 


22 


69 




2 


29 


41 


23 


64 




9 


27 


40 


28 


68 






32 


40 


12 


52 






48 


29 


34 


63 




2 


35 


31 


44 


75 






25 


31 


44 


75 






25 



no LieCAt STATUS OF CITY SCHOOL SUPERINTENDENT 

the budget; the introduction of new policies. The com- 
bined figures of columns A and B show that, with the ex- 
ception of the appointment of secretary to the board and 
of the five items under buildings and grounds, a majority 
of the ICO would place the power of initiative in the office 
of superintendent; and the power of approval in the 
board of education. 

RESPONSIBILITY FOR EXECUTIVE ACTION 

Table XXVIII shows the distribution of check marks 
for execution of each function. Neither board nor super- 
intendent has a majority of votes for executing the fol- 
lowing : 

Appointment of business manager, 

Preparation of the budget, 

Making maintenance-repairs. 
A majority would give the board of education power 
to execute in the: 

Appointment of secretary to the board, 

Purchase, sale and rent of buildings and grounds. 

Preparation of plans for new construction, 

Supervision of construction. 
For all the remaining functions a majority would vest 
the superintendent with all executive functions. 

THE JUDGMENT OF MEMBERS OF BOARDS OF EDUCATION 

The returns from members of boards of education 
showed less consensus of opinion than the replies from 
superintendents and other educational leaders.* 

A few of the replies came unchecked. One of these ex- 
pressed clearly and tersely an opinion that seems to be 
held quite generally and is still a basic principle in the 
laws of many of the states. The paper reads,. . . .'T. . . . 
return the blank with the observation that I think the 
superintendent should legally be the employee of the 

'Compare tables D and C (appendix). 



JUDGMENT Olf l^EADE^RS AS TO LECAL STATUS III 



TABLE XXVIII. RESPONSIBILITY FOR EXECUTIVE FUNCTIONS 

Shovifing the per cent, of lOO educational leaders who would: 

(a) vest the superintendent with sole executive powers; 

(b) vest the board of education with sole executive powers: 

(c) who did not check blank for executive phase of the 
function. 

Administrative Executive powers are 



'Functions vested 
Supt. 

1. Appointment of 

a. Asst. Supts. 63 

b. Business Manager 43 

c. Secretary to Board 13 

d. Principals 68 

e. Teachers 70 

f. Janitors 56 

g. Clerks 66 
h. Attendance Officers 64 
i. Health, Recreational and 

Social workers 68 

2. Transfer of: 

a. Teachers, Principals and 
Asst. Supts. 86 

b. Plealth, Recreational and 
Social Workers 82 

c. All other Employees 65 

3. Dismissal of: 

a. Teachers, Principals and 
Asst. Supts. 56 

b. Health, Recreational and 
Social Workers 57 

c. All other Employees 53 

4. Preparation of the Budget 41 

5. Attendance: 

a. Taking of Census 58 

b. Enforcing of Compulsory 
Attendance Laws 66 

6. Buildings and Grounds 

a. Purchase and Sale of 17 

b. Preparation of Plans for 
Construction 27 

c. Supervision of Construct. 29 

d. Rent 27 

e. Maintenance — Repairs 33 



Board 

12 
28 

63 
12 
II 

15 
II 

IS 



5 
12 



23 

21 
21 
24 

24 

20 

68 

50 
54 
SI 
46 



Non- 
Classified 



25 
29 

24 
20 

19 
29 

22, 
21 

21 



II 

13 
23 



21 

22 
26 

3S 
18 



14 
IS 

23 
17 

22 
21 



112 LEGAL STATUS OF CITY SCHOOL SUPE;RINTe;ND]SNT 





Administrative Ex( 


scutiv 


e power are 


Non- 




Functions 


vested in: 


Classified 






Supt. 


Board 




7. 


Curricula: Determination of 










a. Subjects to be Included 


8i 


I 


i8 




b. Content of Subjects 


8i 


I 


i8 


8. 


Making of Rules and Regu- 
lations Governing 










a. Routine Matters of School 








Procedure 


78 


5 


17 




b. New Policies 


66 


3 


31 


9. 


Selection of : 










a. Textbooks 


71 


8 


21 




b. Instructional Supplies 


74 


6 


20 




c. Other Supplies 


6o 


14 


26 


10. 


Direction and Supervision oi 


E: 








a. Medical Inspection 


70 


8 


22 




b. Classroom Instruction 


78 


I 


21 




c. Civic Center Activities 


/I 


6 


23 




d. Evening Schools 


70 


7 


23 




e. Continuation Schools 


70 


5 


25 



School Committee and should act as its agent in per- 
forming the functions placed under his management by 
the School Committee, and that neither the superintend- 
ent nor the teachers should perform any functions ex- 
cept as directed generally or specifically by the School 
Committee." The staternent implies what another mem- 
ber puts in words, namely, "It is well, however, for the 
board to give the Superintendent a wide scope of au- 
thority with the privilege of withdrawing same if 
abused." 

POWERS EXERCISED INDEPENDENTLY 

Twenty-five per cent, or more of the board members 
would make the board of education solely responsible 
for:— 

1. The appointment of business manager, secretary to 
the board of education, janitor and clerks. 

2. Taking the census. 



JUDGMENT OP' le;ade;rs as to legal status 113 

3. Buildings and grounds : — 

Purchase and sale of 

Preoaration of plans for new construction 

Supervision of new construction 

Rent and repairs. 
The functions enumerated above are with one addition 
the same as enumerated in Column B, Table XXIX 
which shows the judgment of a majority of board mem- 
bers as to where the responsibility for official initiative 
should be placed. 

POWERS OF approval 

iVn analysis of the data of Table D shows that from 
34 to 88 per cent, of the board members failed to check 
the respective items for approval. Twenty-eight per cent. 
v/ould make the board responsible for "preparation of 
plans for new construction" subject to the approval of 
the superintendent. But in no other function was there 
any tendency. on the part of the board members to make 
t-heir action subject to the superintendent's approval. 
Table XXX enumerates the functions for the exercise 
of which a majority of board members would make the 
superintendent responsible for taking the official initia- 
tory action subject to the board's approval either before 
or after execution. 

RESPONSIBILITY EOR EXECUTIVE ACTION 

Current educational literature assumes that the super- 
intendent is the executive head of the school system ; but 
as yet the assumption is an ideal that is only partially 
verified by fact or practice. The truth of this latter 
statement is indicated in Table XXXI which shows that 
the majority of members of boards of education consider 
the superintendent as being responsible for executive 
action in the exercise of only certain functions. 



114 LEGAL STATUS OF CITY SCHOOIv SUPERINTENDENT 



TABLE XXIX. RESPONSIBILITY EOR OrElCIAL INITIATIVE 

Enumerating the functions, in the exercise of which, 50 per 
cent, or more of the 50 school board members would place the 
power of official initiative in (A) the superintendent's office, (B) 
with the board of education. 



(A) Per Cent 


(B) Per Cent. 


Appointment of ; 




Appointment of : 




Assistant Superintendent 


66 


Business Manager 


60 


Principals 


82 


Secretary to Board 


74 


Teachers 


84 


Janitors 


50 


Clerks 


54 


Buildings and Grounds 




Attendance Officers 


74 


Purchase and Sale of 


76 


Health Recreational and 




Preparation of Plans 


50 


Social Workers 


52 


Supervision of Construc- 




Transfer of: 




tion 


66 


Instructional Staff 


88 


Rent 


60 


Health, Recreational and 




Maintenance Repairs 


54 


Social Workers 


74 






Dismissal of: 








Instructional Staff 


84 






Health, Recreational and 








Social Workers 


72 






All other Employees 


54 






Enforcing Comp. Att. Laws 


66 






Curricula : Determination of 








Subjects to be In- 








cluded 


86 






Content of Subjects 


78 






Making of Rules and Regu- 








lations Governing: 








Routine Matters 


88 






New Policies 


62 






Selection of: 








Textbooks 


84 






Instructional Supplies 


86 






Other Supplies 


y(> 






Direction and Supervision of 






Medical Inspection 


68 






Classroom Instruction 


88 






Civic Center Activities 


86 






Evening Schools 


^2. 






Continuation Schools 


74 







JUDGMENT OF IvE;adERS AS TO LEGAIv STATUS II5 
TABLE XXX. POWERS OF APPROVAI, 

Enumerating those functions for whose exercise 50 per cent, 
or more of the board members would give the board of education 
power to approve the action of the superintendent either before 
or after execution of the act. 





CO 


a it 




i/. 


1 1 


+; 


hr 1 1 




> 



u 

a 


a, 




> 



u 


,V5 


OJ 


ih i n 
initia 
xecu 




Q. 


3 




a 


^_i 


<LJ 


.„ ■" 


Function 


oj 


" ^ 




rt 


s 


P, 


"2 Co 




u 




en 


•a 


h C >" 
OJ 




IP 







re -M 


'J 





bef 
int* 
cut 





.« -g W) do 
•0^ .5.S 


Appointment of: 
















Principals 




14 






40 




54 


Teachers 




20 






32 




52 


Transfer of: 
















Teachers, Prin., etc. 




24 






34 




58 


Health Workers, etc. 




20 






30 




50 


Dismissal of: 
















Teachers. Principals 




8 






46 




54 


Curricula, Determination of 
















Subjects to be included 




28 






30 




64 


Content of Subjects 




26 






30 




56 


Selection of: 
















Textbooks 




30 






32 




62 


Instructional Supplies 




30 






22 




52 


Supervision of: 
















Civic Center Activities 




28 






36 




64 


Evening Schools 




20 






32 




52 



The following- table shows, first, that for 15 of the 35 
functions enumerated in the questionnaire, the majority of 
the 50 board members have no clearly defined attitude as 
to where executive responsibility should be placed. Sec- 
ondly, the data show that the majority would limit the 
superintendent's executive responsibility to certain func- 
tions closely related to instructional activities ; and 
would hold the board of education responsible for execu- 
tive action concerning all functions closely related to 
financial or material aspects of the school activity, e. g.. 
appointment of janitors, preparation of the budget and 



Il6 LKGAL STATUS OF CITY SCHOOIv SUPERINTJJND^NT 
TABLE XXXI. RESPONSIBILITY FOR EXECUTIVE ACTION 

Enumerating those functions for which SO per cent, or more 
or the 50 board members would make (A) the superintendent or 
(B) the board of education responsible for executive action. 
Functions Per cent, who would vest 

executive responsibilit}^ in 

(A) Supt. (B) Bd. ofEd. 

Appointment of : 

Business Manager 

Secretary to Board 

Janitors 

Clerks 
Transfer of : 

Teachers, Principals, etc. 
Preparation of Budget 
Taking of Census 
Building and Grounds 

Purchase and Sale of 

Preparation of Plans 

Supervision of Construction 

Rent 

Maintenance — Repairs 
Curricula, Determination of • 

Subjects to he Included 

Content of Subjects 
Making Rules and Regulations 

Governing Routine Matters 
Selection of : 

Textbooks 

Instructional Supplies 
Supervision 

Classroom Instruction 

Civic Center Activities 

Evening Schools 

repairing of school property. Insufficient as the data 
from only 50 board members are, yet they are enough 
to indicate the necessity of determining just where respon- 
sibility for such action should be placed. 
te;acher participation 
The questionnaire defined Participate — "to include an\ 
recorded judgment of teachers for the information and 
possible guidance of superintendent, of board of educa- 





62 
76 
68 




50 


56 - 


54 

52 




90 

76 

"9 




68 




■ 74 


62 




54 




58 


•• 


58 
58 




74 
70 
S6 





JUDGMENT OF LEADElRS AS TO LEGAL STATUS II7 
TABLE XXXII. TEACHER PARTICIPATION. 

Naming the functions in the exercise of which, 25 per cent, or 

more of either group would approve teacher participation. 

Per cent, of pro- Per cent, of lay 
Fuiutinns fessional leaders leaders favoring 
favoring- partici- Teacher Participa- 
pation tion 

Preparation of the Budget 28 8 

Enforcing Comp. Att. Laws 35 16 

Curricula. Determination 

Subjects to be Included 80 42 

Content of Subjects "/(^ 42 

Making of Rules and Regulations 
Governing : 

Routine Matters of School 

Procedure 69 44 

New Policies 62 44 

Selection of : 

Textbooks TJ 46 

■Instructional Supplies 70 42 

Other Supplies 48 28 

Supervision of : 

Medical Inspection 28 20 

Classroom Instruction 46 48 

Civic Center Activities 49 38 

Evening Schools 39 32 

Continuation Schools 39 26 

tion, or both." Many in both groups would also give 
teachers authority to initiate official action in certain 
functions. A majority of the professional leaders favored 
teacher participation in: the determination of subjects to 
be included and the content of the curricula; the mak- 
ing of rules and regulations governing routine matters of- 
school procedure, and new policies; and the selection of 
textbooks and instructional supplies. More than 40 per 
cent, of the members of school boards took the same posi- 
tion as to teacher participation in each of the above named 
functions. Both lay and professional leaders practically 
agreed concerning the functions, in which teacher parti- 
cipation should be enco.uraged; however, in each case, a 



Il8 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT 

larger percentage of professional than of lay leaders 
approved such participation. The per cents, are shown 
in Table XXXII. 

Those functions for whose exercise 25 per cent. 
or more of the professional group favored giving 
teachers the right to initiate action included : determina- 
tion of the content of subjects, making of rules and regu- 
lations governing new policies, and selection of text- 
books and instructional supplies, 

SUMMARY 

The foregoing analysis of the returns from lay and 
professional leaders shows little consensus of judgment 
in favor of vesting the sole responsibility for any admin- 
istrative function either in superintendent or board of 
education alone. In fact, the majority of the professional 
group did not favor giving either the board or superin- 
tendent sole responsibility for the exercise of any ad- 
ministrative function; and the majority of the lay group 
favored making the board of education solely respon- 
sible for the exercise of only three functions, namely: 
the appointment of secretary to the board, the purchase 
sale and rent of buildings and grounds, and the super- 
vision of new construction. 

Both groups differentiated between the three phases of 
an administrative act. Their closest agreement was on 
the necessity of making either the board or the superin- 
tendent solely responsible for taking the first initial ac- 
tion. They did not agree so closely in differentiating be- 
tween executive and approval phases. The professional 
group differentiated the approval phase from the other 
two phases in all functions except the repair of buildings 
and the purchase and sale of buildings and grounds ; and 
differentiated the executive from the initiatory and ap- 
proval phases in each of the 35 functions. The lay group 



JUDGMENT Olf LEADERS AS TO LEGAL STATUS IIQ 

distinguished less clearly between executive and approval 
phases of a function. The majority of them checked for 
"approval" in only 12 and for executive responsibility in 
.only 20 of the 35 functions. 

The modal judgment gives a fairly complete picture of 
the judgment of the two groups, and the responsibility 
that they would vest in the superintendent and board of 
education, respectively. The majority of the professional 
group would make the superintendent responsible for 
taking the initial step and also for executive action with 
the board approving either before or after action in each 
of the 35 functions with the exception of appointment of 
secretary to the board of education and the various ques- 
tions pertaining to buildings and grounds. The appoint- 
ment of the secretary they would leave solely with the 
board of education, and for the various questions pertain- 
ing to buildings and grounds they would make the super- 
intendent responsible for the initial action and leave the 
executive action in each of the five functions to the board 
of education. 

The lay group would make the superintendent respon- 
sible for supervision of instruction, and would make the 
board of education (responsible 'for ithe appointment, 
transfer and dismissal of all workers connected solely 
with the material side of the school plant, for all func- 
tions pertaining to buildings and grounds, and for the 
taking of the census. For all other functions they would 
place the power of official initiative in the office of super- 
intendent, but differ as to the approval of administrative 
acts. 

Throughout the chapter there is a tendency to distin- 
guish between those functions that apply directly to in- 
structional activities and those that pertain more closely 
to the physical or material school plant. For instance, 



120 LEGAL STATUS 01? ClTY SCHOOL SUPERINT^NDE^NT 

the professional group does not agree unanimously as to 
where the responsibilit}' for initial action or for executive 
action should be placed in the exercise of the various 
questions concerning buildings and grounds nor for the 
appointment of business manager, secretary to the board, 
and janitors. To this group of functions the lay group 
would add the appointment of clerks and the transfer and 
dismissal of business manager, secretary, janitor and 
clerks, the taking of the census and the preparing of the 
budget. But in the appointment, transfer and dismissal 
of members of the instructional staff and in the various 
functions pertaining to the selection of textbooks and of 
instructional material, the lay group would make the su- 
perintendent responsible for executive action. 

The consensus of each group as to the advisibility of 
legalizing teacher participation, was confined in the main, 
to strictly instructional functions, such as the questions 
dealing with the curriculum, the selection of textbooks and 
supplies and the making of rules and regulations in re- 
gard to procedure and new policies. In the functions just 
enumerated, from 60 to 80 per cent, of the professional 
group and 40 to 46 per cent, of the lay group favored 
teacher participation. The only other marked vote favor- 
ing teacher participation, was for the preparation of the 
budget, which was favored by 28 per cent, of the pro- 
fessional and 8 per cent, of the lay group. 

There was close agreement between the two groups as 
to the placing of responsibility for official initiative in the 
superintendent's office in most functions, but in the execu- 
tion of these functions, where the professional . group 
seemed to be in doubt, the lay group registered a firm be- 
lief that the responsibility should rest with the board of 
education. The failure to distinguish the necessity for 
fixing responsibility for executive action was marked, 
and deserves further investigation. 



CHAPTER VI. 

PRINCIPLES OF GOVERNMENT INVOLVED IN 

THE LEGAL STATUS OF THE CITY 

SCHOOL SUPERINTENDENT 

Any consideration of this subject, fundamentally, must 
be made from the viewpoint of the public : to think of it 
as a discussion of the comparative rights or privileges 
of either board of education or of superintendent would 
be sheer folly and waste of time. This report is con- 
cerned with school offices and school officials only in so 
far as the legal conditions under which they work affect 
the interests of the public. 

In one sense, the administration of city schools is a 
business proposition. More than one-third of the total 
annual expenditures of cities is invested in their schools. 
School sites, buildings, equipment, supplies, finances — 
all taken together make a problem, larger than the finan- 
cial or business problem devolving upon any other de- 
partment of the city service. The people of the city are 
vitally interested that they should obtain value received 
from every dollar expended. But the problem is more 
difficult than merely a business venture, where the ledger 
at the end of the year discloses the amount of success or 
failure measured in dollars and cents. The school ac- 
counting shows expenditure in terms of money; but re- 
turns from the investment are to be found only in the 
lives of boys and girls, and ultimately in the lives of men 
and women. Such returns are infinitely harder to meas- 
ure; but are, also infinitely more important and vital to 
the public welfare than material results which can be 

121 



122 LKGAL STATUS OF CITY SCHOOL SUPERINTENDEINT 

measured by money values. Both from the standpoint of 
the cost of public schools, and from the delicate and 
highly important nature of the work of the schools, the 
whole question of administration resolves itself into find- 
ing and safeguarding an organization that will secure the 
utmost economy and efficiency in the control of the 
schools. Here, as in the business field, the public will, 
in the long run, interpret economy to mean, not investing 
as little as possible, but securing the best possible re- 
turns from the investment. 

The discussion of the previous chapters showed, of all 
the various arrangements devised for city school admin- 
istration in this country, that the office of city superin- 
tendent is the most unanimously adopted. The laws of 
every state provide for or permit such official ; and every 
city whose special charter was studied has its superin- 
tendent. It is fair to assume that the cumulative practice 
and experience of American cities for the past lOO years 
can be trusted ; and that the office of superintendent is 
an accepted fact, with no substitute arrangement to be 
considered, — rather offering only the opportunity for im- 
provement. 

The direct relationship of the superintendent to the 
public he serves, however, is not so definitely established. 
In San Francisco he is elected by popular vote; in St. 
Paul, he is appointed by a commissioner whose specific 
responsibility for conducting school affairs is presumably 
neither known to himself nor to the public until after he 
is elected and assigned by his associates to the conduct of 
school affairs. The superintendents' appointment direct- 
ly by a city council or commission has been tried often; 
but in the two cities entering into this report, has been 
found wanting and eliminated. Election by popular vote 
has been restricted by two conditions: (i) the choice of 



PRINCIPIvES OF GOVERNMENT INVOL,VED I23 

candidates has been confined to residents of the city ; (2) 
Inability to free the schools from the petty and ofttimes 
corrupt political intrigues that affect constantly, and too 
often demoralize, the administration of our cities. The 
election of a lay commissioner who in turn must ap- 
point a professional superintendent can be defended on 
no ground whatsoever. It means paying two high sal- 
aries where one would do ; it means the possible extreme 
reversal of policy at every election, and offers always 
the danger of the schools being under the domination of 
a man who knows little or nothing about the professional 
side of the pubHc schools, and who uses professional ad- 
vice only in so far as it serves his fancy or purpose. The 
almost universal practice is that the superintendent is re- 
lated to the public through a board of education, such 
board to be responsible directly to 'the public, or indirectly 
through the city commission or mayor and council. 

Theory as to the proper function of the board of educa- 
tion is not as firmly fixed as the universal practice of 
having a superintendent; but any discussion of the func- 
tions of the board leads primarily to a consideration of 
the exercise of those functions through its executive 
officers. 

One theory, still extant, considers the board as em- 
ployer, and the superintendent as employee. This theory 
is held by a considerable body of the American public, no 
doubt controls the actions of school officials in many cities, 
and is a force to be reckoned with. A more refined de- 
velopment of the theory, that has much to be said in its 
favor, and is contributing much to the development of 
city school administration, looks upon the school district as 
a corporation, the public as stockholders, the board of 
education as a board of directors, and the superintendent 
as their chief executive or general manager. 



124 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT 

A second theory looks upon the superintendent as a 
state official. In practice this theory has compromised 
itself with the first theory stated above ; and has not in any 
place succeeded in gaining a thorough and unqualified 
trial. In late years, however, there are indications in 
fields closely related to city school administration that 
this theory is to have a considerable trial in a modified 
form, where the superintendent will be looked upon as an 
executive with large responsibility and the board of edu- 
cation will be primarily an advisory body. 

An examination of the various phases of these two 
theories shows certain defects as well as merit in each. 
The theory of the superintendent as chief employee of 
the board grows out of an earlier experience of American 
cities, when no particular training was considered neces- 
sary for conducting the affairs of the city's schools. It 
loses sight of the fact that American public school educa- 
tion has reached a stage of development where its admin- 
istration in cities requires a high type of technical skill 
and ability, to be obtained only through a long period of 
professional preparation ; and that for society to secure 
such professional preparation and training, a fair pro- 
fessional reward must be given. It is a theory that ap- 
peals particularly to the type of mind that dominates 
ward politics, or that ignores the value of technical skill. 
Its merit is best considered in the later development of 
the theory. 

Since administering the purely material or physical 
affairs of a school system requires much the same type 
of ability as administering the affairs of any business, 
it has been but natural for business men coming into 
membership of boards of education to demand that the 
principles of business organization be applied to school 
administration. Likewise, it has been just as natural tha^ 



PRINCIPLES OF GOVERNMENT INVOLVED I25 

school men, desirous of improving their work, should 
study and adopt methods of business organization and 
administration that could be applied to school affairs. 
So far, this development has been entirely good and has 
worked to the unquestionable advantage of the public 
schools. But there is a limit to the application of the 
theory. The stockholders of a corporation are, so far as 
their interest in the board of directors is concerned, a 
fairly like-minded group, their interest is altogether or 
largely in the money returns from their investment; and 
the dividends they receive furnish a comparatively sim- 
ple measure, from year to year, of the capacity of their 
chosen officials. The school district as a corporation is a 
much more intricate and complicated organization. It 
consists of every sort of group; its stockholders are 
divided on religious, political, social, economic, and occu- 
pational lines ; these groups are often pitted against each 
other, so that pleasing one group automatically ahenates 
the support of another; moreover many of the so-called 
stockholders are unwilling investors and would not be 
satisfied with any returns ; the "returns" are immediately 
quite intangible, and ultimately to be known in the work 
of a later generation. The result of these conditions has 
been to make the work of school superintendent a specially 
hazardous undertaking. Few men of real ability, consid- 
ering the limited financial reward ahead, care to invest 
the years and money necessary to gain the teaching and 
other experience, and the technical and professional edu- 
cation needed for successfully doing the work. And under 
the present scheme of school organization, there is no 
assurance whatsoever that the men who invest in such 
training and education will be permitted to continue in the 
work for which they are specially fitted. In view of the 
professional aspect of public school work and the peculiar 



126 LEGAI. STATUS OS' CITY SCHOOL SUP^RINTl^NDIi.NT 

conditions and influences pla}ing upon the administration 
of the schools, the ideal of a purely business organization 
of school administration must undergo considerable 
modification to meet the needs of the schools as they exist. 
The theory of the city superintendent, as an adminis- 
trative officer of the state, if adopted in its entirety, 
would make a centralized state authority responsible for 
appointing the city superintendent, for supervising directly 
his work and, if necessary, for removing him from office. 
Such a theory in practice would tend to eliminate most 
or all of the local influence from the control of schools, 
and to either eliminate all public interest or to force it to 
find expression only through centralized state channels. 
As yet the channels of public thought and opinion are not 
clearly enough cut to readily control or shape state ac- 
tion for the best good of all the people ; and there has not 
as yet, been sufficient practice or promise in state govern- 
ment to justify the adoption of so sweeping a program. 
Wherever this theory has been adopted to any extent, 
there has been a compromise with the theory of local con- 
trol that has usually resulted in an attempt to delegate 
certain powers and duties to the board and other powers 
and duties to the superintendent. These various func- 
tions usually overlap, and are generally so vaguely de- 
fined that a resulting confusion and friction between 
board and superintendent inevitably follows. Dissatisfac- 
tion with the inefficiency that results from such friction 
has sought a remedy in an extension of the theory of a 
business administration that would make the superin- 
tendent a strong executive and the board of education a 
body with advisory powers only. Massachusetts has ap- 
plied the theory to the state board of education and state 
commissioner of schools.^ What the efifect would be if 



^Massachusetts Educational Locislation. 1919. pp. 17-lS. Sec. 56-57. 



PRINCIPLES OF GOVERNMENT INVOLVED 12/ 

the theory should be apphed to city school administration 
can be only conjectured. The same powers would appoint 
both board and superintendent, so that the two would 
naturally be in sympathy with each other. The real 
power and responsibility would rest in the person and 
officer of superintendent, although board members, if 
tactful and in close contact with currents of public 
thought, could exert a strong influence toward gaining 
public support of school policies and in shaping the poli- 
cies of the superintendent. Direct public influence would 
be limited to advisory expression and to pressure on the 
appointive power. As a means of eliminating the friction 
that too often exists in school administration and of cen- 
tering responsibility for administrative acts, this scheme 
offers considerable promise, and may be given a fair trial 
in city school administration. Its chief defect lies in 
placing so little responsibility directly on the public. 

There is a strong body of opinion that favors giving 
the public at large more power than it now has, and of 
educating the public to take an active part in shaping its 
affairs. This opinion carries with it the correlate that 
the public should be able to exert a direct influence on the 
acts of its public officials. This opinion is in harmony 
with the main development of theory controlling city 
school administration in the United States during the last 
50 years and can be coordinated with the theory that the 
superintendent should be a strong, responsible executive. 
The remainder of this chapter looks toward harmonizing 
the details of these theories. 

There is a fairly unanimous concensus of practice and 
opinion that boards of education should represent the 
city at large, that they should be small, and that a major- 
ity should continue in office through each change of mem- 
bership. The first conclusion is an expression of the ob- 



128 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT 

vious principle that the schools must be administered as 
a whole and not in the interest of any particular geo- 
. graphical section. When representation on the board of 
education of small geographical units is altogether eHm- 
inated, and the chief function of the board of education is 
to secure efficiency in the management of the schools, 
then the tendency is unquestionably toward small boards. 
With very few exceptions, the board of more than nine 
members has practically disappeared ; and the board of 
Hve members is most commonly found in state laws and 
city charters. 

Historically, this tendency toward smaller boards has 
been accompanied by reduction of the number and 
gradual elimination of committees. The committee sys- 
tem was primarily a means on the part of boards for 
dividing their executive duties ; and was a necessary ar- 
rangement so long as the board appointed weak execu- 
tives or none at all. Where a strong executive or super- 
intendent is employed, the executive phases of all func- 
tions should be assigned to him and his subordinate of- 
ficers. It then becomes the duty of the board, sitting as 
a whole, to advise and to act on whatever matters come 
before them. 

Whether board members should be elected by popular 
vote or be appointed by a mayor, mayor and council, or 
commission is a question that will ultimately require a 
definite answer. The laws of 37 states and the majority 
of special city charters studied in this report require the 
election of board members by popular vote. This ten- 
dency is in entire harmony with the theory that would 
make school administration responsive to public initiative 
and control. 

In late years the tendency has been toward longer 
terms for board members with the superintendent em- 



PRINCIPLES OF GOVERNMENT INVOLVED I29 

ployed for the same term. Two forces operate here. 
Efficiency of service requires a long term of service. 
Popular control, in its present state of development, re- 
quires that the public have opportunity to change its 
officials, if it so desires, at not too great intervals. In 
city and state laws where the superintendent is looked 
upon as a strong executive, the term is usually four years. 
For a board of five members a term of five years would 
be appropriate; under such conditions the superintendent 
should be appointed for a term of not less than three (3) 
nor more than five (5) years. Such provision would in- 
sure the superintendent and board a long enough term to 
inaugurate and prove the worth of their policies ; and 
would, at the same time, allow the public to change the 
administrative policies of its schools, when necessary, 
through gradual changes in the board. 

It is generally conceded, however, that the public in- 
terest will be better served if their school officials serve a 
longer period than three to five years. The law should 
give this opinion a traditional force. This could be done 
by provding that the superintendent's reappointment 
should be automatic, unless either the board or the super- 
intendent notified the other on or before six months pre- 
ceding the date of expiration of the superintendent's 
term of office that it was said party's intention to termin- 
ate the relationship on that date. 

RELATIONSHIP OE BOARD AND SUPERINTENDENT TO OTHER 
MUNICIPAL OFFICES 

The discussion in Chapter 2 of this monograph showed 
that, in the beginning of the last century, responsibility 
for city school administration had been placed largely on 
local municipal officials, that the tendency since then has 
been steadily toward lessening control of such officials 
over schools and making the board of education respon- 



130 LEGAL STATUS 01? CITY SCHOOL SUPEJRINTENDKNT 

sible directly to the people. This development has been 
in complete harmony with the development of a respon- 
sible administrative control of public schools. 

The control of the school financial affairs by a city 
council, and the instructional affairs by a board of edu- 
cation, is a dual control that leads to unrest, friction and 
inefHciency. The board is held responsible for providing 
good instructional facilities; the council is held respon- 
sible for keeping the tax rate low. Even when both au- 
thorities are trying to serve the public's best interests 
they are handicapped because each group is subject to 
different influences and different bodies of public senti- 
ment. It is generally true that the authority which con- 
trols the school finances, ultimately determines the qual- 
ity of instructional service. Only when boards of edu- 
cation were considered primarily as executive and super- 
visory officials was there any reasonable excuse for mak- 
ing them directly responsible to the financial control of 
city municipal authorities. As executive and super- 
visory authority is legally more and more vested in pro- 
fessionally trained executives, veto and approval powers 
over school financial policies must pass more and more 
under the control of the board of education, or the lat- 
ter's possibility of service to the schools will be entirely 
eliminated. Where boards of education are elected by 
popular vote, they should be directly responsible to the 
public, and not to the council or other municipal au- 
thority. Where they are appointed by mayor or mayor 
and council, they should still have full control of all 
financial affairs within certain limitations. These limit- 
ations should be: (a) broad enough to provide for all 
minimum essentials required by the state; and (b) 
capable of being extended for fixed purposes and periods 
by the approval of the same municipal authority that is 



PRINCIPI.ES 01? GOVERNMENT INVOtVED I3I 

responsible for appointing the membership of the board. 
Such an arrangement would relieve school authorities 
from the necessity of year after year fighting for the es- 
sentials that the school must have or to save programs 
that are definitely established and accepted; on the other 
hand, it eliminates the danger of an extravagant board's 
levying a tax that would seriously handicap the city ad- 
ministration, and confines argument concerning school ex- 
penses to the questions of new extensions or to the reten- 
tion of services which have had time to prove their worth 
or defects. 

REIvATlONSHIP OF BOARD AND SUPERINTENDENT TO 
THE PUBIvIC 

Too much legislation in America has been directed 
through fear of public officials rather than toward help- 
ing such officials give a maximum service to the public. 
We need legislation that will create a tradition of con- 
fidence in public servants and at the same time protect 
such confidence from exploitation. Such traditional faith 
in public servants can be built up only through a scheme 
of complete publicity that will remove all doubts on the 
part of the public, and all temptation toward questionable 
or secretive dealings on the part of officials. The ideal 
will be difficult to attain; but certain legal provisions will 
tend to build up such public confidence. 

( I ) All board meetings should be open to the public — 
all regular meetings should be held at a place and time 
known generally to the public. Special meetings should 
be limited to specific purposes stated clearly in the an- 
nouncement of meeting — such announcement to be pub- 
lished or posted in public places at' least 24 hours before 
such meeting. Limitations on such meetings should 
provide for temporary solutions by executive officials that 
would hold only till the next regular meetings. It is 



132 IvEGAI. STATUS OF CITY SCHOOL SUPERINTENDENT 

doubtful, in the majority of instances, whether "executive 
sessions" of the board are of real value. 

(2) All official proceedings of the board should be pub- 
lished. 

(3) Minutes of the board should be kept in the super- 
intendent's office and should be open during office hours 
to the public. This provision should require that all 
questions passed upon by the board be presented in writ- 
ing; and that the vote of each member be recorded. 

(4) The superintendent should be required to report, 
subject to the board's approval, annually or oftener, as 
to the 

(a) Condition and needs of the school. 

(b) Progress of the school. 

(c) Proposed policies or programs. 

(d) Achievement of programs previously proposed. 

(5) Financial reports, and proposed budgets in de- 
tail should be published on or before a certain specified 
date, and hearings held at which any citizen might speak, 
or be informed concerning any item of the proposed bud- 
get. 

(a) When the board is elected by popular vote, any 
proposed expenditure requiring tax rate beyond fixed 
limits, should be submitted to public vote for approval. 

(6) Removal. Where elected by public vote, board 
members should be subject to removal through the "re- 
call." 

(7) A petition signed by 10 per cent, of the registered 
voters of the city should be sufficient to cause board and 
superintendent to take action on any proposal submitted 
to them through such petition. 



PRINCIPI.es of GOVITRNMENT INVOIvVE;d I33 

REIvATlONSHIP OF* BOARD AND SUPE;RINTe;NDE;NT TO E;X- 

EcuTivE AND supii;rvisory officers, tfachfrs, 

AND OTHFR FMPLOYFFS 

There is no argument except tradition for a dual ex- 
ecutive authority over the schools. Such dual authority 
is due to the fact that municipal authorities gave over 
last of all to the board of education control of material 
aspects of the schools, and in turn, board members have 
maintained their hold on these school affairs long after 
they realized that they could not perform the duties de- 
volving from instructional affairs. When cities grew too 
large for board members longer to attend to the execu- 
tive duties, it was but natural that they should delegate 
the work they looked upon as specially theirs to a desig- 
nated official directly responsible to the board itself. An- 
other factor contributing to such a development, no doubt, 
was the fact that superintendents received no training 
for the purely business affairs of the school other than 
what they learned from actual experience. This being the 
case, board members usually had quite as broad and oft- 
times a broader experience than the superintendent, with 
the result that they discounted his ability successfully to 
direct the purely business affairs of the schools. These 
conditions, however, are giving way to a new order. 

The purely business affairs of school administration 
affect directly the instructional activities of the school. 
The quality of supplies, every detail of the school build- 
ing, the character of soil, size and form of the school site, 
the character and quality of clerical help employed, the 
efficiency of janitor work — in fact every detail of the 
varied and intricate administration of the physical school 
plant affects directly or indirectly the quality of class- 
room instruction. Educational leaders, cognizant of 
these facts, have developed graduate courses in univer- 



134 LEGAL STATUS OF CITY SCHOOIv SUPE^RINTElNDijNT 

sities for training superintendents and others for the ad- 
ministration of these purely physical aspects of the school 
plant. Such courses go into every aspect of school finan- 
ces, buildings, equipment and supplies, forming of the 
budget, and preparing plans for new construction. The 
result of this development is that the superintendent can 
now obtain technical training in every phase of school 
administration, and ultimately the public will choose men 
who have the technical training in addition to the prac- 
tical experience. 

Since the business afTairs of the school are intimately a 
part of the instructional affairs, since the training of 
school superintendents includes both business and in- 
structional technique, the desirability of having all execu- 
tive authority centered in one officer is apparent. The 
officer now known in some states as business manager, 
should be made an assistant superintendent in charge of 
business affairs. The office heretofore known as secre- 
tary to the board of education should be abolished and the 
duties of said office be transferred to the office of secre- 
tary to the superintendent. The superintendent and the 
board constitute one body or authority; their powers are 
not dual but unified; therefore their secretarial duties 
should be unified and under one head. The only reason 
for existence of a secretarial force is directly or indirectly 
to promote the instructional work of the school ; directing 
such secretarial force is primarily an executive function, 
therefore the chief secretary of the schools should be con- 
sidered an executive officer, responsible directly to the 
superintendent of schools and through him to the board 
of education. The work of all executive and supervisory 
officers of the school should be coordinated and under the 
direction and supervision of the superintendent. Through 
him, should pass all communications between the boar4 



PRINCIPLES OF covernme;nt involved 135 

on the one hand and school officers, teachers, and em- 
ployees on the other. 

Such centralization of authority, however, does not 
mean creating the possibility of an autocratic, tyrannical 
school administration. The- powers and duties of each 
office or type of position should be defined in outline by 
law; and in detail by rules and regulations of the board, 
(changing such rules should be possible only under care- 
fully specified conditions). 

The superintendent should have a council composed 
of members representing executive and supervisory of- 
ficers, teachers, and other employees. These representa- 
tives should be in close contact with every member of 
the school group. Its power should be advisory only ; but 
every question of policy formulated by the superintendent 
should be the result of conference with his council. The 
minutes of the meetings should be recorded; and its min- 
ority reports should be filed and should go to the board 
with the majority report if the minority so desired. 

Tenure ought to be secured without the alternate danger 
of fixing incompetent people in important positions. After 
a probational term, reappointment should be automatic. 
Notice of non-appointment should be subject to the de- 
mand for a hearing based on written charges. The term 
for all executive officers should be for the same period 
as superintendent and board members. 

RELATIONSHIP OE BOARD AND SUPERINTENDENT TO EACH 
OTHER — THEIR POWDERS AND DUTIES 

I. Appointive. In late years, school law has recog- 
nized the necessity for making the superintendent respon- 
sible for finding and recommending suitable teachers to 
the board. This means that no candidate for a teaching 
position can be considered by the board unless first nom- 
inated by the superintendent. The board's power is con- 



136 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT 

fined to approval or rejection of the superintendent's re- 
commendation. This plan has certain advantages over 
the older law that placed the appointive power directlv 
in the board of education, (i) It relieves board mem- 
bers from the necessity of having to consider many ap- 
plications of persons totally unfit for teaching positions. 
(2) It insures the public that the one person most direct- 
ly responsible and, all things considered, the best fitted, 
namely, the superintendent, shall pass favorably upon 
every candidate before there is any possibility of that 
candidate's being appointed. (3) The superintendent 
knowing that he, and not the board, must assume respon- 
sibility for any failure on the part of teachers will 
naturally exercise greater care than if he could shift the 
blame to the board of education. 

When it is admitted that the superintendent can and 
should be held responsible for the direction and super- 
vision of all activities pertaining to the schools, then it 
is necessary that his appointive powers be extended to 
include all workers in the school system. 

Obviously, he cannot secure most efficient service un- 
less his control affects the original appointments, trans- 
fers, dismissals and promotions. The application of this 
principle includes in addition to principals, supervisors 
and teachers, the appointment of all officers and- employees 
concerned with the physical school plant; attendance, 
health, recreational, social and clerical workers. 

The question arises as to whether the same relation- 
ship in appointive powers should hold between the board 
and superintendent for all grades of positions. 

Three main grades of positions have developed in the 
law: (i) executive and supervisory, (2) teachers and 
positions of equivalent grade, (3) other employees. The 
first includes assistant superintendents, business manager, 



principi.es of government involved 137 

secretary, chief engineer, principals, heads of medical in- 
spection, nursing, recreation, attendance, etc. Positions 
equivalent in grade to teachers include all positions re- 
quiring equivalent experience and training. All remain- 
ing positions are classified under "other employees." 

The first responsibility for administration of any policy 
or program recommended by the superintendent and 
adopted by the board, rests with executive and super- 
visory officials : these should be most responsive to need 
of change of policy as dictated by public opinion ex- 
pressed at the polls or through appointment to the board 
of education. For this group of appointments, respon- 
sibility should rest on the board and superintendent. 
The superintendent should nominate, and after the hoard's 
approval of such nomination should appoint. The same 
rule or procedure should apply to the appointment of 
teachers with this exception — boards should he permitted 
to delegate the full power of appointment of teachers to- 
the superintendent, suhject only to his reporting all such 
appointments to the hoard at its next regular meeting. 
All other employees should be appointed 'by the super- 
intendent and a full report of such appointments made 
to the board at its next regular meeting. Civil service 
rules should apply to this class of employees ; where civil 
service does not apply, the superintendent should pre- 
pare rules concerning all phases of the appointive powers ; 
such rules should be approved by the board of education 
and by the state centralized educational authority. 

Transfer — The power to transfer officers, teachers, 
and other employees, to positions of the same grade, rank 
and salary should rest solely with the superintendent. 

Transfers to positions of different rank, grade or salary 
should be subjejct to the same requirements as those gov- 
erning original appointments or to the rules and regula- 
tions of the civil service. 



138 LEGAL STATUS O? CITY SCHOOL SUPERINTENDENT 

Promotion — Should be controlled by the rules govern- 
ing original appointments. 

Suspension — Should rest with the superintendent on 
his own motion or in approval of motion made by re- 
sponsible subordinate officer. 

Dismissal — For officers and teachers, final power of 
dismissal should rest with the board. All charges should 
come before the board through the superintendent and in 
writing. Such charges should be made by the superin- 
tendent on his own motion ; or, if made as an appeal from 
the superintendent's decision, they should be accompanied 
by a brief setting forth his reasons for such decision. A 
copy of said charges and notice of leaving should be pre- 
sented to the party concerned; said party should decide 
whether or not each party should have counsel at such 
hearing. If the board sustains the superintendent's 
recommendations, the decision should be final. If the 
board does not sustain the superintendent's recommenda- 
tion, said party should have the right to appeal to the 
state commissioner of education whose decision should be 
final. Dismissal of "other employees" should be subject 
to rules and regulations of the civil service; or such sub- 
stitute rules as are suggested above under rules for ap- 
pointment. 

All appointive powers of the superintendent should be 
exercised by and with the advice and consultation of sub- 
ordinate executive officers responsible for the immediate 
direction and supervision of such teachers, workers or 
employees. 

(2) Budgetary Powers. This power affects the 
efficiency of every single phase of the school activity. 

An older theory assumed that direct representatives of 
the people should control the purse strings ; and that ex- 
ecutive officers should make the best of whatever amounts 



PRINCIPLES O? GOVERNMENT INVOIvVED I39 

might be allotted to them. Certain conditions and fac- 
tors have tended to counteract this older theory, (i) 
Board of education members when approaching the bud- 
get problems are under many and different forms of 
pressure, so that they are not always able to give unbiased 
thought and judgment to the many problems involved. 
(2) City schools are so expensive and their work so far- 
reaching, that any party responsible for preparing the 
school budget, needs the most accurate and technical in- 
formation possible to attain. (3) The state now requires 
certain minimum essentials for each city school system 
and needs one official on the grounds technically equipped 
to safeguard the state's interest. (4) Cities have found 
that short-sighted and bungled budgetary or financial 
programs have proved most costly in the end, and are dis- 
posed to obtain the best advice and fullest publicity for 
the same. 

The superintendent should be responsible for prepara- 
tion of the budget. As expert and professional advisor 
of the board the superintendent is in position to collect and 
obtain the facts which the board needs for exercising their 
best judgment. Likewise he is best fitted to know and to 
plan for meeting the requirements of the state. The ad- 
vice and cooperation of all groups of workers should be 
utilized by the superintendent in developing his budgetary 
program. Such advice and cooperation should be ob- 
tained through the superintendent's council. Minority 
reports of this council should be available for the consid- 
eration of the board. 

The budget prepared by the superintendent should 
itemize the appropriation required for each service, and 
compare the same with the appropriation and expenditure 
for the two preceding years, and for any other years that 
might be deemed advisable. It should also give reason^ 



I40 i:.i;gai, status of city school superintendi;nt 

for increase or decrease, or for inclusion or exclusion of 
any item as compared with the two previous budgets. 

(i) Such information gives the board a sound basis 
for exercising their judgment. 

(2) It compels the superintendent and his associates to 
think ahead, plan far-reaching programs, and to check 
scientifically the results of each school program under- 
taken. 

(3) It is the basis for full publicity, and when pub- 
lished keeps the public informed, interested and in sym- 
pathy with the varied school program. 

When the budget as presented by the superintendent is 
not approved, the advice and objections of the board 
should be reduced to writing; and the budget should be 
revised by the superintendent with the advice and cooper- 
ation of his associates. While the necessity for final 
decision rests on the direct representatives of the people, 
the above provision reduces the probability of hasty ac- 
tion, and gives all parties concerned the advantage of 
having the best thought and advice of those directly re- 
sponsible for the administration of the budget. 

(3) Compulsory Education. Responsibility for en- 
forecement should rest entirely on the superintendent. 
The board of education should be responsible for appoint- 
ing such officials and employees as will enable the super- 
intendent to perform his duties. Enforcement of com- 
pulsory education is strictly an executive function. Suc- 
cess of administration depends upon promptness. School 
law generally has designated the superintendent as the 
local agent who should exercise this power. 

Continuation school programs and child labor legisla- 
tion make it all the more necessary that the local admin- 
istration of school attendance should be centered in re- 
sponsible offices and subject only to the appellate juris- 



PRINCIPLES OF GOVERNMENT INVOI^VED I4I 

diction of state centralized educational authority or ad- 
ministrative courts. The state is directly responsible 
for the education of all children and for the eradication 
of illiteracy. State officials obviously cannot cover ef- 
fectively and efficiently every district of the state without 
enormous expense. Consolidation of enforcement of all 
phases of school attendance in local offices means econ- 
omy and efficiency in execution. 

The basis of all compulsory attendance enforcement 
should be a continuous school census. Either the super- 
intendent should be given assistance needed to keep such 
a census in connection with the school attendance bureaus, 
or the law should require police departments and health 
bureaus to obtain and supply such information to the office 
of city school superintendent. 

(4) Direction and Supervision. Responsibility for 
direction and supervision should be lodged in the superin- 
tendent of schools and his associate executive and super- 
visory officers— their action subject to the approval of the 
board. To place, legally, the responsibility for direction 
and supervision of an}' school activity in the board of edu- 
cation, implies giving the board an executive function, 
for which it is neither fitted or prepared, nor capable of 
exercising. 

The superintendent and his associate executive and su- 
pervisory officers should keep the board fully informed 
and advised as to policies, programs, needs, conditions, 
and progress of their various activities ; and should at 
regular board meetings, give through the superintendent, 
such additional information as the board might request. 
Such full reports give the board members a more intelli- 
gent background for judging the directive and supervi- 
sory work of their appointed officials than they could gain 
from occasional visits. Further, such reports give the 



142 htGAl, STATUS Of CITY SCHOOL SUPElRINTENDliNT 

board opportunity to advise as to continuance, or redirec- 
tion of policy, and to give directly expression to such pub- 
lic opinion as they may be in contact with. In extreme 
cases, this provision would give the board a veto power 
over such directive and supervisory activity as it might 
consider questionable from the standpoint of the best in- 
ests of the school. 

(5) Rules and Regulations — Nlw Policils — Deci- 
sion as to rules and regulations concerning details of 
school procedure should rest with the superintendent, ad- 
vised by his executive council, in so far as such decisions 
concern primarily executive phases of policies already 
adopted. New policies or change of policy should come 
about in either of two ways : ( i ) The superintendent 
acting with the advice of his council should recommend in 
writing such change of policy to the board of education ; 
with the approval of the board such policy should become 
a part of the school procedure. (2) The board should 
have the privilege of proposing new policies. Such pro- 
posal should be submitted to the superintendent who, with 
the advice of his council^ should report in writing to the 
board at its next regular meeting his recommendations 
concerning such proposal. After due consideration, final 
decision should rest with the board. 

Such a provision safeguards the public in three 
ways: (i) It looks to the superintendent, the best pro- 
fessional authority of the city, for the formulation of all 
school policies. (2) It gives the representatives of the 
people power to formulate and enforce new policies in 
conformity with public opinion, in case the superintendent 
should seem to stand in the way of progress. (3) It re- 
duces the possibility of haste and lack of thought in 
grafting new policies on to the school system and re- 
quires that the proposal shall pass under the scrutiny and 



PRINCIPLES OF GOVERNMENT INVOLVED I43 

Stand the recorded judgment of those responsible for ad- 
ministering it. 

RELATIONSHIP OF CITY DISTRICT TO THE COUNTY 

The county superintendent and city superintendent 
should be, in the law, officials of equivalent grade and re- 
sponsibility. In the older law, before cities were con- 
solidated and city superintendents considered strong ex- 
ecutives, the county superintendent was considered a state 
official responsible for administration of state law in a 
limited section of the state. His chief function was the 
administration of state funds. His other functions, ap- 
plica'ble to cities, have largely been given over to the city 
superintendent.- Distribution of state funds for cities 
should be made directly to cities through the city super- 
intendent or treasurer of city schools. 

RELATIONSHIP OE STATE TO CITY SCHOOL ADMINISTRATION 

Superintendent. The state board of education should 
approve rules and regulations for determining the qualifi- 
cations and qualities necessary for certification and en- 
dorsement of superintendents for different grades of su- 
perintendencies. The state is definitely interested to know 
that the schools of each city shall be administered as well 
as they can be. The people of each city want to know 
that the qualifications of the man or woman who shall 
head their school system has been adjudged satisfactory 
by an authority competent for such responsibility. The 
state commissioner should have the power of veto or ap- 
proval of all appointments of superintendents made by 
boards of education. 

The state is responsible for the education of the chil- 
dren of the state. There must be an agent in each dis- 
trict of the state responsible in some measure to state 
authority. Historically and logically, the superintendent 
meets the requirement. Yet, the provision still leaves the 



144 LKCAI, STATUS OF CITY SCHOOL SUPERINTENDENT 

local representatives responsible for selection and initial 
approval of the appointee. 

Approval of local initiative. The state educational de- 
partment should have power of approval over: school 
sites, plans for new construction, curricula, and new de- 
velopment of school activity. 

Such procedure provides : ( i ) that local initiative is 
safeguarded and that each city has opportunity to develop 
along lines that are best suited to its own peculiar con- 
ditions ; (2) that the people of each city are assured that 
in the development of all fundamentally essential school 
programs, their local officials will have the advice and 
counsel, and if necessary the check, of a more respon- 
sible educational authority. 

Certification of Teachers. The state should have power 
to certificate all teachers ; and such certificate should be 
valid in any school district of the state. The city super- 
intendent should have the privilege of adding an oral 
examination as a further means of selection. 

(i) The state is interested, first, to assure itself that 
each teacher of the state meets all requirements set by the 
state. (2) To make teaching a profession, to insure that 
capable men and women enter and remain in the profes- 
sion, it is necessary that teachers be relieved from the 
petty annoyances of taking varied and ofttimes unreliable 
sorts of examinations. The oral examination, amounting 
to a systematized form of interview, permits local au- 
thorities to select from a list of applicants according to 
their special needs. 

The state centralized educational authority should have 
appellate jurisdiction over all legal questions provision 
for whose settlement is not definitely placed on local 
officials. 

Many disputes that now disrupt local administrative 



PRINCIPLES OF GOVERNMENT INVOLVED I45 

organizations could be settled happily, if legal procedure 
required the participants to place their case before an 
authority capable of making a wise decision. Decision 
in such cases becomes a question of administrative law, 
so that a judge versed thoroughly in school law and its 
administration should prove a better adjudicator of such 
questions than the general courts. 

The state commissioner or superintendent should have 
power to remove local officials after a hearing; and 
should have power to withhold state funds w^here fault is 
due to public neghgence. If the state is responsible for 
compelling cities, if need be, to maintain certain specified 
minimum standards, then the state authority must needs 
have some means of enforcing such requirerhents. 

The removal of officials who are incompetent, wilfully 
negligent, or who refuse to enforce the law, is one means 
that should rest with the state commissioner. Where the 
public opinion of a community forces its representatives 
to adopt a school program that does not meet the mini- 
mum requirements set by the state for cities of that class, 
the state commissioner should be empowered to withhold 
funds and to compel the levying of a local tax that would 
meet the requirements of the school. 

CONCLUSION 

"Public law is the body of rules inherently necessary 
to the organization and management of certain services. 
Statute .... is the organic rule of a service or body of 
men. An administrative act is always an act made in 

view of the rule of service Social evolution is of 

infinite complexity and indefinite duration : law is no more 
than its protective armament. The generation that went 

before believed that its system of law was definite 

and final. Let us not commit a like mistake. Our own 

system represents but a moment of history; and 

before it has been finally builded the keen observer will 



146 LEGAIv STATUS OF CITY SCHOOL SUPERINTENDENT 

note its transmutation into a newer code. The genera- 
tion that is to come will be happy in so far as it is able 
in better fashion than ourselves, to achieve freedom from 
its dogmas and prejudices." — Duguit, Law in the Modern 
State* 

In America, the various states are responsible for edu- 
cation within their borders. The laws of a state deter- 
mine in a large measure, the machinery, the responsibility 
and the limitations of school administration in its cities. 
The study of the development of school law in Connecti- 
cut and Ohio and the review of the late school laws of the 
48 states reveals the fact that much of the present school 
law is the result of experience in days gone by and does 
not meet the needs of our modern cities. The entire dis- 
cussion of this study has aimed solely at the public wel- 
fare, at the formulation of an organic rule of service that 
will tend to mould public opinion and enable school ad- 
ministrators to perform their administrative acts always 
and only in view of the rule of service. 

A review of the facts set forth shows that :• — 

a. Responsibility for local administration of schools 
was first vested in municipal or civil officers who had been 
chosen primarily for the performance of other duties. 

b. Gradually, as schools developed, responsibility for 
direction and supervision of instructional activities was 
vested in officials whose sole public responsibility was 
limited to the schools. 

c. These lay boards were given power to delegate their 
responsibility to small committees or to a committee of 
one. 

d. This one official developed into the professionally 
trained executive known in every state as the city school 
superintendent. 



♦Translation by Laski. 



principle;s of governme;nt invoi^ved 147 

e. As society adds more and more responsibility to the 
public school system, the need of better trained and more 
responsible administrative leadership of schools is recog- 
nized. 

f. This responsible leadership should extend to all 
phases of school activity ; all dual responsibility should be 
eliminated. 

g. The laws governing school administration should be 
formulated to build up this responsible leadership and so 
safeguard the public interest. 

It, then, behooves all interested in public education, both 
laymen and professionally trained school men and women 
to lead public thought in regard to schools, out of the 
thought channels cut by the necessities of the log school 
house and the exigencies of ward politics into the formu- 
lation of a new set of rules whereby every school admin- 
istrative act shall be judged solely by the service it ren- 
ders the public. These new rules of service formulated — 
they should receive the sanction and protective armament 
of the public law. The service rendered by the schools 
of tomorrow will be directly proportional to the ability of 
the schools of today to achieve freedom from the limita- 
tions and prejudices bequeathed from the schools of yes- 
terday. 



BRIEF OF A PROPOSED LEGAL STATUS FOR 
THE CITY SCHOOL SUPERINTENDENT 

A. CONTROL OF SCHOOLS 

Responsibility for local control and administration of 
city schools should be vested in a superintendent and 
board of education. 

B. THE BOARD OF EDUCATION 

Membership. The board should consist of five mem- 
bers, chosen from the city at large. 

Term. Their term should be five years, one member 
being" elected or appointed each year. 

Removal. Board members should be subject to re- 
moval, under specified conditions by : 

a. The "recall" when elected by popular vote. 

b. The mayor when appointed by him. 

c. The state commissioner of education upon wilful 
and intended violation of the law or rulings of the 
state board of education. 

Organization. The board should have a president and 
vice-president elected from its membership ; there should 
be_np standing committees ; all business transacted should 
be by the board as a whole. 

General powers and duties. The veto and approval of 
administrative acts and policies should be vested in the 
board of education. 

c. the; supe;rintendent 

Qualifications. The superintendent should have had ex- 
perience as teacher and principal or supervisor under a 
county or city superintendent ; should be a graduate of a 
four-year approved college and have had at least one year 
of graduate training, — such work to have consisted of 

148 



PROPOSED LEGAL STATUS OF SUPERINTENDENT I49 

courses in school administration, supervision and kindred 
educational courses. 

Appointment. He should be appointed by the board of 
education subject to the approval of the state commssion- 
er of education. 

Term. His term should be for not less than three nor 
more J:han five years.^ 

Tenure. After his second appointment to the same 
position, the superintendent's reappointment should be 
automatic unless either the board or superintendent 
should serve notice to the other at least six months pre- 
ceding the date of the close of contracted term that said 
party proposed to terminate such relationship. 

Powers and duties — general. The initiatory and execu- 
tive phases of all administrative functions should be 
vested in the superintendent and his subordinate executive 
officers. The superintendent should have power under 
rules and regulations approved by the board to delegate 
any of his powers and duties to his associate or subordi- 
nate executive and supervisory officers. 

D. POWERS AND DUTIES OE THE BOARD AND SUPER- 
INTENDENT 

Appointment. — Executive and Supervisory Officers. 
The superintendent should nominate to the board, and 
when the board approved, should appoint, or should 
appoint subject to the board's approval: 

Teachers, and other workers of equivalent training — 
The above provision should hold with two exceptions : 
(i) the board of education should have the legal right 
to delegate the power of appointment to the superintend- 
ent, subject only to his reporting such appointments to the 

*Board members are elected for five years. The superintendent's term 
should not be longer than that of a board member. Three years 
is the time required to change the majority of the board mem- 
bership. 



150 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT 

board at its regular meetings; (2) in nominating or ap- 
pointing, the superintendent should first consult and ad- 
vise with the principal or other executive officers chiefly 
responsible for directing the work of such appointee. 

Other emploj-ees. Should be appointed by the suger- 
intendent, either on his own motion, or in approval of 
recommendations made by responsible subordinate execu- 
tives, — such appointments to be reported to the board at 
its next regular meeting. 

Transfers. In all positions of the sarne grade or rank 
— to be made by the superintendent ;— transfers to posi- 
tions of different grade or rank to be subject to the rules 
governing original appointments. 

Promotion. To higher positions under same rules as 
for original appointment. To higher salary schedules, 
under such rules controlling salary schedule and budget 
as had been adopted by the board upon the written re- 
commendations of the superintendent. 

Dismissal. For officers and teachers power of dismis- 
sal should be vested in the board. All charges should 
come before the board through the superintendent and in 
writing, accompanied by the latter's recommendations. 
In case of disagreement between board and superintend- 
ent, the final power of decision should rest with the state 
commissioner of education. 

Budget. The superintendent, with the advice and as- 
sistance of his subordinate, should be responsible for pre- 
paring the budget, submitting it to the board for approval, 
and for formulating any revisions that the board might 
find necessary. 

Buildings and Grounds. Purchase and sale of build- 
ings and grounds should be negotiated by the superin- 
tendent in person or through his assistant superintendent 



propose;d legal status of superintendent 151 

in charg-e of business affairs, subject to the advice and 
approval of the board. 

Maintenance repairs should be made under the direc- 
tion of the superintendent or his assistant superintendent 
in charge of business affairs. 

Repairs requiring capital outlay should be made upon 
the written recommendations of the superintendent sub- 
ject to the approval of the board. 

The superintendent should be responsible for having 
drawn up under his direction all plans for new con- 
struction, such plans to be subject to the approval of the 
board and of the state commissioner of education. 

The superintendent either in his own person or through 
his assistant superintendent in charge of business affairs 
should be responsible for supervision of new construction. 

Attendance. The superintendent should be respon- 
sible for directing a continuous census, and for enforcing 
the compulsory attendance and child labor laws ; the 
board of education should be responsible for providing 
such help and assistance as is needed for carrying on 
these duties. 

Rules and regulations governing routine matters should 
be determined by the superintendent by and with the ad- 
vice and assistance of his associates. 

New policies involving capital outlay or radical change 
of school procedure should be prepared by the superin- 
tendent with the advice and assistance of his associates, 
subject to the approval of the board of education. 

Curricula. The various curricula including the sub- 
jects to be taught in each, the time to be allotted, and the 
credit to be given, should be determined by the superin- 
tendent with the advice of his associates, subject to the 
advic6 and approval of the board of education and the 
approval of the state commissioner of education. 



152 LEGAL STATUS OF CITY SCHOOL SUPERINTENDENT 

The content of each subject should be determined by 
teachers and supervisory officers subject to the approval 
of the superintendent. 

Textbooks and Supplies. Textbooks and instructional 
supplies should be chosen by the superintendent with the 
advice and assistance of teachers and supervisory officers. ' 

All other supplies should be chosen by the assistant 
superintendent in charge of business affairs, with the ad- 
vice and assistance of his subordinates, and subject to 
the approval of the superintendent. 

Direction and supervision. Subject to rules and regu- 
lations prepared and submitted by the superintendent and 
approved by the board, the superintendent should be re- 
sponsible in person or through his assistant executive and 
supervisory officers for the direction and supervision of: 

a. Health work in the schools. 

b. Civic center or recreational and social activities. 

c. Evening and continuation schools. 

d. Classroom instruction. 

e. Research work. 

E. RELATION OF BOARD AND SUPERINTENDENT TO EXECU- 
TIVE AND SUPERVISORY OFFICERS, TEACHERS 
AND OTHER SCHOOL EMPLOYEES 

Unified executive control. Executive control of all 
school affairs, e. g., secretarial, business, health, recrea- 
tional, research and instructional activities, should be 
vested in the superintendent. There should he no dual 
executive authority. 

The superintendent's Council. The council should 
consist of such representatives from supervisory, teach- 
ing and other employee groups, as might be determined 
by those groups with the approval of the superintendent 
and board of education. The members of the council, not 



TROPOSED LEGAL STATUS. OF SUPERINTENDENT I53 

ex-officio, should be selected from the respective groups 
by the majority vote of those groups. 

The superintendent should advise with this council 
in determining all questions of pohcy, but the ac- 
tion of the council should be advisory only, and in no way 
compulsory as to the superintendent's decision. 

The minutes of the meetings of the council should be 
recorded and should be open to all school officers, teach- 
ers, other employees, and board of education. 

Concerning questions going before the board of educa- 
tion both the majority and minority recommendations of 
the council should go to the board, when such majority 
or minority so desire, 

F. RELATIONSHIP OF BOARD AND SUPERINTENDENT TO 

OTHER MUNICIPAL OFFICERS 

Within reasonable tax limits fixed by legislative enact- 
ment, the board of education and superintendent should 
have complete control of the school budget and fixing of 
the tax rate. 

New building programs or extensions of school service 
requiring a tax rate in excess of the limits fixed by law 
should be subject to the approval of the mayor or com- 
mission only in those cities where the board of education 
is appointed by said mayor or commission. 

G. REI<ATI0N OF BOARD AND SUPERINTENDENT TO 

THE PUBLIC 

All board meetings, regular or special, should be open 
to the public. Minutes of the board should be kept on file 
in the superintendent's office and open to the public. 
All official proceedings of the board should be published' 
Where the board of education is elected by popular vote 
the board and superintendent should have full responsi- 
bility for the budget within limits fixed by statute. 
Amounts in excess of these limits required for extensions 



154 LEGAL STATUS OF CITY SCHOOL SUPERINTEJNDEINT 

of school plant of service should be subject to the approval 
of the public at a regular or special election. 

The proposed budget, each year, should be printed and 
distributed to all voters and taxpayers, and a public hear- 
ing should be held by the superintendent and board. 

Reports. The superintendent and board should keep 
the public thoroughly informed as to the policies of the 
school, its conditions, needs and progress. 

Petitions. A petition signed by ten (lo) per cent, of 
the legal voters of the city should be sufficient to require 
the superintendent and the board to take action on the 
subject of the petition. 

H. RELATIONSHIP OF BOARD AND SUPERINTENDENT TO 
CENTRALIZED STATE EDUCATIONAL AUTHORITY 

It should be the duty of superintendent and board to 
enforce the state school laws and the rules and regulations 
of state educational authorities which have the force of 
law. 

The state authority should have the right to prescribe 
minimum essentials for the state at large or for cities or 
schools of the same class or type : but in every case the 
centralized state authority should encourage local initia- 
tive, and should exercise its power primarily through veto 
or approval of local plans. 

The board and superintendent should have complete 
control of the city schools subject to the state laws, and 
rulings of the state commissioner and board of education 
having the force of law. 



APPENDIX 

CODE SHOWING LEGAL RESPONSIBILITY FOR 

THE EXERCISE OF THE FUNCTIONS OF 

CITY SCHOOL ADMINISTRATION 

(As stated in the laws of the 48 states of the Union). 
See Charts A and B in pocket in back of book. 

1. The exercise of the function is delegated solely to the 
board of education. 

2. Initiative is permitted to or required of the superin- 
tendent; but the board of education is free to act in- 
dependently of his advice. 

3. Initiative is required of the superintendent; the board 
of education can act only on the superintendent's re- 
commendation. 

4. The exercise of the function is delegated solely to the 
superintendent. 

ip, 2p, 3p, or 4p — Provision i, 2, 3, or 4 above, subject 
to the approval of the people. 

im, 2m, 3m, or 4m — Provision i, 2, 3, or 4 above, sub- 
ject to the approval of some phase of the municipal 
government. 

ic, 2c, 3c, or 4c — ^Provision i, 2, 3, or 4 above, subject 
to the approval of county authorities. 

IS, 2s, 3s, or 4s — Provision i, 2, 3, or 4 above, subject to 
the approval of the state authorities. 

It, 2t, 3t, or 4t — Provision i, 2, 3, or 4 above, but also 
providing for participation by teachers in the exer- 
cise of the function. 

C. The exercise of the function is delegated solely to 
the county authorities. 

5. The exercise of the function is delegated solely to 

state authorities. 
T. The exercise of the function is delegated solely to the 

teachers. 
P. Initiative is granted to the public. 

155 



CODE FOR TABULATING FORM NO. i 
See Tables C and D in pocket in back of book. 

o. Blank. No answer. 
*i. Supt. is solely responsible; board of education has 
no responsibility. 

2. Supt. initiates, executes, subject to board's approval 

after execution. 

3. Supt. initiates, executes, subject to board's approval 

before execution. 

4. Supt. initiates and approves; board executes. 

5. Supt. initiates ; board executes, or approves and ex- 

ecutes, 

6. Supt, initiates ; board approves before execution — 

no provision for execution. 

7. Supt. initiates; board approves after execution — no 

provision for execution. 

8. Supt. executes ; board approves before execution — 

no provision for initiation. 

9. Supt. executes; board approves after execution — 

no provision for initiation. 

10. Supt. initiates — ^no provision for approval or exe- 
cution. 

*ii. Board is solely responsible; supt, has no responsi- 
bility. 

12. Board initiates and approves; supt. executes. 

13. Board initiates and executes; supt. approves. 

14. Board initiates ; supt. approves and executes. 



♦Includes those cases where only mark after a function was placed in 

"execute" column. 
N. B. — When both columns for approval by board were checked, credit 
was given for "approval before execution" only. 



156 



APPEINDIX 157 

15. Board initiates; supt. approves — no provision for 

execution. 

16. Board executes ; supt. approves — no provision for 

initiation. 

17. Board initiates — no provision for execution or ap- 

proval. 

18. Teachers initiate; supt. approves or approves and 

executes ; board has no responsibiHty. 

19. Teachers initiate; supt. and board approve; supt. 

executes (or execution blank). 

20. Board and supt. initiate ; supt. approves ; board exe- 

cutes. 

21. Board and .supt. initiate; board approves; supt. ex- 

ecutes. 

22. Board and supt. initiate; board executes — no pro- 

vision for approval. 

23. Board and supt. initiate : supt. executes — ^no provi- 

sion for approval. 

24. Board and supt. approve — ^no provision for initia- 

tion or execution. 

25. Miscellaneous. . 

a — Teachers may initiate. 
b — Teachers may participate, 
ab — Teachers may initiate and participate. 



BIBLIOGRAPHY 

HISTORICAL DEVELOPMENT OF CITY SCHOOL ADMIN- 
ISTRATION 

Cousin. Public Instruction in Prussia, 1835. 
(Translated by Sarah Austin) 

Hoyt and Ford. John D. Pierce. A Study of Educa- 
tion in the North IV est, 1905. 

Barnard. The Old Hartford Grammar School. 

Mead. The Development of Free Schools in the United 
States. 

Connecticut Common School Laws, 1841, 1843, 1846, 
i860, 1868, 1879, 1886, 1896, 1904, 1910, 1912. 

Connecticut, Fourth Annual Report of the Secretary of 
the Board of Commissioners, 1842. 

Common School System of Connecticut. Reprint from 
North American Review, April, 1842. 

Circular concerning Alterations in the School Laws, to 
School Visitors and Others. New Haven, 1856. 

Prize Essay on the necessity and means of improving the 
common schools of Connecticut. 

The Consolidation of School Districts. A tract for the 
times in Connecticut. Educational Tracts, No. i. 

Hinsdale, M. L. Legislative History of the Public School 
System of Ohio, 1902. Washington, Government 
Printing Office. 

Ohio School Laws, 1865, 1880, 1900, 1904, 1915. 

Advance Sheets of Ohio School Laws, 1919. 

Ohio, 1854. Annual Report, State Commissioner of Com- 
mon Schools. 

I5;8 



BIBLIOGRAPHY 



159 



Cleveland, Board of Education, Annual Report of, 
1855-56. 

Cleveland, Board of Education, x\nnual Report of, 
1868-69. 

Freese, Andrew, Early History of the Cleveland Public 
Schools, 1876. 

Suzzallo. The Rise of Local Supervision in Massa- 
chusetts. 



STATE SCHOOL LAWS 



Ala'bama 1919 
Arizona 191 9 
Arkansas 1914 
California 1915 
Colorado 191 7 
Connecticut 1916 
Delaware 191 9 
Florida 191 5 
Georgia 1919 
Idaho 191 7 
Illinois 191 9 
Indiana 191 7 
Iowa 1919 
Kansas 191 7 
Kentucky 191 8 
Louisiana 1916 
Maine 1917 
Maryland 1918 
Massachusetts 1919 
Michigan 191 7 
Minnesota 191 5 
Mississippi 1918 
Missouri 191 7 
Montana 191 7 



Nebraska 1919 
Nevada 1919 
New Hampshire 1919 
New Jersey 1918 
New Mexico 191 5 . 
New York 1918 
North Carolina 1917 
North Dakota 191 5 
Ohio 191 5 
Oklahoma 19 19 
Oregon 191 9 
Pennsylvania 1919 
Rhode Island 1918 
South Carolina 191 8 
South Dakota 1918 
Tennessee 191 7 
Texas 191 7 
Utah 19 19 
Vermont 191 8 
Virginia 191 5 
Washington 19 17 
West Virginia 1919 
Wisconsin 191 9 
Wyoming 19 19 



l6o Iv^GAI, STATUS 01^ CITY SCHOOL SUPEIRINT^ND^NT 
CITY C0DE;S and SPECIAIv CPIART^RS 

Alhambra, California, Charter 191 5. 

Ashtabula, Ohio, Charter 1914. 

Atlanta, Georgia. The Charter and Ordinances of the Cit}i 

of Atlanta, 1910. 
Baltimore, Maryland. Charter of. Revised Edition 1915. 
Berkeley, California. Charter of the city of, 1909. 
Berkeley, California. General Ordinances of the City of, 

1918. 
Birmingham, Alabama. Code of the City of, 1917. 
Bufifalo, New York. Charter of the City of, 1916. 
Cedar Rapids, Iowa. Commission Plan of Government 

of City of 1908-10. 
Dallas, Texas. Charter of the City of, 1907. (Including 

amendments of 1909). 
Denver, Colorado. Charter of the City and County of, 

1914. 
Greensboro, North Carolina. Charter of the City of, 

1912. 
Houston, Texas. Charter and Revised Code of Ordi- 
nances of City of, 1914. 
Lincoln, Nebraska. Charter of the City of, 191 7- 
Los Angeles, California. Charter of the City of, 1913. 
Milwaukee, Wisconsin. Code 1914. Supplement 1916. 
Minneapolis, Minnesota. The Charter of the City of, 

1913. (Prepared and Proposed.) 
Nashville, Tennessee. Charter of City of, 1909. 
New Haven, Connecticut. Charter and Ordinances of 

City of, 1914. 
Portland, Oregon. The Charter of the City of, 1913, 

revised 1914. 
Providence, Rhode Island. Charter and Special Laws of 

the City of, 1916. 



BIBUOGRAPHY l6l 

Providence, Rhode Island. Ordinances of the City of, 

1912, 1914. 
Richmond, Virginia. City Code and Charter, 1910. 
Rutland, Vermont. Charter of the City of, 1915. 
San Francisco, California. Charter of the City and 

County of, (as amended in 1903, .1907, 1911). 
Seattle, Washington. Charter as amended 1900- 191 5. 
Tacoma, Washington — Charter and General Ordinances, 

1913- 
Toledo, Ohio. Charter 1914. 
Toledo, Ohio. The Toledo Code of 1919 (containing 

charter as amended to November 4, 1919). 
Waco, Texas. Charter of the City of Waco. 1914. 

STATUTES 

Missouri, Revised Statutes, 1909. Art. XIII. 

Laws 191 1, 1915, 1917, 1919. 
Maryland, Bagby, Maryland Code, 191 4. 

Laws of Maryland, 1916, 1918. 
Oklahoma, Bunn, Revised Laws 1910. 

Supplement to Revised Laws of 1910, 1918. 
Session Laws 1919. 
Texas, Vernon Sayles' Civil Statutes, 1914. 
Georgia, Park's Annotated Code of 1914 . 

Session Laws 1870 (Acts and Resolutions of the 

General Association). 
Session Laws 1897. 
Session Laws 1916, 1918. 
Minnesota, Tififany, General Statutes, 1913-1917. 
Session Laws, 1919. 

LAW AND GOVERNMENT IN CITY AND STAT^ 

Bradford, E. S. Commission Government in American 

Cities. 
Bryce. The American Commonwealth. 



l62 IvEGAI. STATUS OF CITY SCHOOI, SUPERINTENDENT 

Duguit. Law in the Modern State. (Translation by 
Laski and Laski.) 

McBain, Howard Lee. The Law and the Practice of 
Municipal Home Rule. 

McBain. The Delegation of Legislative Powers to Cities. 
Political Science Quarterly, XXXII, pp. 276-391. 

Munro. Government of American Cities. 

Massachusetts. Bulletins for the Constitutional Con- 
vention, 1917-1918. Vols. I-II. 

ADMINISTRATION OF SCHOOLS IN CITIES 

Cubberly, Public Education in the United States, 1919. 

Cubberly, The History of Education; Educational Prac- 
tice and Progress Considered as a Phase of the 
Development and Spread of Western Civilization, 
1920. 

Cubberly and Others. School Organisation and Admin- 
istration, 191 7. 

Engelhardt, A School Building Program for Cities, 1918. 

Evenden, Teachers' Salaries and Salary Schedules in the 
United States, 1918-1919. 

Judd and Others, Survey of the St. Louis Public Schools, 
Part I ; Organisation and Administration 1918. 

Ortman, Teachers' Councils, 1921. 

Neale, School Reports in American Cities, 1921. 

Strayer and Bachman, The Gary Public Schools ; Organ- 
ization and Administration, 1918. 

Strayer and Others. Report of a Survey of the School 
System of St. Paul, Minnesota, 1917. 

Theisen, The City Superintendent and the Board of Edu- 
cation, 191 7. 



VITA 

The writer was born near Ramsey, Fayette County, 
Illinois, October 8, 1886. His earlier education was se- 
cured in a one-room rural school and a village high school 
of that county. Later he attended Valparaiso University, 
Valparaiso, Indiana, from which he was graduated in 
1 91 2. He was a student in Teachers' College, Columbia 
University during the years 1915-1916 and 1919-1920. 
From the latter institution he received the B. S. degree 
in 1915 and the degree of Master of Arts in 1916. His 
published articles are : The Supervisor's Use of Standard 
Tests of Efficiency, and Methods of Improving Classroom 
Instruction Used by Helping Teachers and Supervising 
Principals of New Jersey. 



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Table C. The Jddgment op One Hcndhed Sdperintendents and Other Editcatobs a3 to the Legal Statdb that Should be Given to City School 

Superintendents 
(See definition of code numbers fot Clifcrt C) 



OS • 








1 


2 


3 


i' 


5 


6 


7 


8 9 10 


11 


12 


13 


14 


15 


16 


17 


18 


19 


20 


21 


2Si 


2S 


24 


25 


1. Appointment of: 

(a) Asst. superintendents. . . 

(6) Business Manager 

(c) Secretary to Board 


2 
3 
3 


2 
2 
1 
3 
3 
2 
3 
4 

3 

22 


13 
6 
3 
26 
37 
29 
33 
26 

27 
47 


40 

28 
7 
32 
23 
19 
19 
24 

28 
9 


3 
3 
3 
4 

4 

1 
2 
4 

1 


9 

8 
4 
8 
7 
3 
4 
9 

6 
2 


17 
10 
5 
11 
9 
8 
10 
12 

10 

4 


5 
4 
1 
7 
7 
5 
6 
5 

6 
6 


4 
3 
1 
2 
1 
2 
2 
2 

2 

1 


4 
1 

5 


1 


8 
46 

2 
1 

1 


2 


7 
7 

5 
2 

1 


1 

1 


8 
6 

3 


1 
3 

4 
3 


2 
7 

2 










1 




3 

1 
1 
3 

1 

3 

2 

1 
2 

1 

1 
3 
1 


1 
2 
2 
1 






6 2 
4 1 


1 




2 


b 




9 
8 

8 
7 


3 

2 

1 


i 


' (ft) Attendance officers 

(i) Healtli-reereational and 

social workers 

2. Transfer of: 

(a) Teacfiers, principals and 

asst. supts 

(6) Health, recreational and 


1 


2 
2 

2 


(c) All other employees 

3. Dismissal of: 

(a) Teachers, principals and 

asst. supts 

(b) Health, recreational and 

social workers 

(c) All other employees 

4. Preparation of the Budget 

5. Attendance: 

(o) Taking the census 

(6) Enforcing of compulsory 
attendance laws 

6. Buildings and Grounds: 

(a) Purchase and sale of 

(h) Preparation of plans for 

construction 

(c) Supervision of construc- 


9 

2 

7 
5 

1 
1 

1 
3 
2 

2 


17 

3 

2 

7 

13 
17 

3 

3 

12 
22 


35 

16 

17 
16 

7 

26 
33 

3 

6 
2 

7 

39 
31 


30 

29 
20 
30 

9 

6 

12 

20 

15 
20 
19 

24 
16 


1 

3 

3 

2 
2 

1 

1 

7 

11 

2 
3 
11 


1 

18 

16 
9 
19 

S 

11 

21 

24 

6 
14 
12 

1 


4 

16 

14 
13 
20 

9 

5 

4 

10 

: 7 

7 
7 

7 
6 


4 

4 

3 
3 

3 

5 
8 

1 
2 
3 

7 
8 


6 

4 
4 
3 

4 

2 

4 
4 

3 

5 
3 

3 

2 


8 

1 

5 
6 

5 
7 

2 

1 

2 

1 


1 

1 
2 

1 
1 

3 

1 

2 
4 

1 
1 

7 
3 
1 


4 

1 

1 

3 

7 

3 

13 

2 

25 
18 
11 

1 
2 


1 
1 
1 
1 

1 


5 

1 

1 

7 

2 

17 

10 

14 
10 

7 

3 
1 




1 

1 
1 

2 

2 

1 
2 

1 

1 


1 

1 

1 
3 
1 

1 

1 

5 

2 

6 
5 
2 

2 
2 
5 

1 


1 

1 

1 

2 

1 

1 
2 
2 


5 
2 

1 

1 

3 
2 
1 
1 


3 

6 
6 


1 
1 




2 

2 
2 

2 
1 


1 
2 

2 

1 


4 

1 

1 

1 
6 

1 


3 
1 

1 

1 
1 

1 
1 


1 
1 

6 
1 


5 
6 
5 




5 


(e) Maintenance-repairs. . . 

7. Curricula; Determination of: 

(o) Subjects to be included. 
(6) Content of subjects — 

8. Making of rules and regula- 

tions governing: 
(o) Routine matters ol 


3 

1 




2 


3 

11 
14 
11 

15 
31 
14 
9 
8 


16 

31 
34 
30 

30 

34 
27 
25 
25 


35 

18 
15 
15 

20 
8 
23 
30 
30 


4 
1 
1 

2 


2 

2 
3 
3 

5 

1 
4 
6 
5 


16 

8 
6 
7 

7 
4 
9 
11 
11 


3 

8 
10 
9 

8 
4 
1 
6 
5 


4 

1 
1 

1 

2 
3 
3 


6 
3 

2 

2 
2 

1 
1 

1 


6 


9. Selection o( : 


3 


(E>) Instructional supplies . . 

(c) Other supplies 

10. Direction and supervision of : 
(a) Medical inspection .... 
(6) Classroom instruction, 
(c) Civic center activities . . 


1 
6 

1 

2 
1 


1 

5 
5 
5 
4 


(e) Continuation schools. . 




1 




1 







Table D.— The Judgment of Fifty Members of Boards of Education as to the Legal Status that Should be Given to City School Superintendents 

(See definition of code numbers for Charts G and D) 



Functions of City School 
Administration 





1 


2 


3 


4 


5 


6 


7 


8 


9 


10 


11 


12 


13 


14 


15 


16 


17 


18 


19 


20 


21 


22 


23 


24 


25 
























































1. Appointment of: 








(a) Asst. Superintendents.. 


5 




4 


7 


1 


9 


11 








1 


6 




1 






















1 


3 


(b) Business Manager 


5 




1 


1 


1 


3 


5 


1 








24 




3 




1 




2 














1 


1 


(c) Secretary to Board 


2 




1 






2 


3 










32 




3 






1 


2 














1 


2 


(d) Principals 






4 


11 


2 


12 


8 


2 




1 


1 


2 




1 






2 


1 














1 


1 


(«) Teachers 






8 


8 


2 


13 


7 


2 






2 


2 










3 
















1 


1 






1 


2 


4 




8 


4 


1 






1 


19 
14 




5 






2 


1 














1 








2 
1 


^ (A) Attendance officers 


9 


2 


2 


5 


1 


10 


6 


2 








6 




1 




1 


2 
















1 


(t) Health, recreational and 






















































social workers 


6 


2 


3 


8 


1 


6 


4 


2 


1 






9 










3 


1 










1 




1 


2 


2. Transfer of: 






















































(a) Teachers, principals and 






















































asst. superintendents. 


1 


9 


8 


7 


1 


6 


8 


2 


2 


2 


1 
























1 




1 


1 


(6) Health, recreational and 






















































social workers 


3 


8 


6 


6 




4 


7 


2 


2 


2 


2 


3 










2 
















1 


?. 


(c) All other employees. . . . 
3. Dismissal of: 


6 


4 


4 


4 






5 


4 


2 






10 










2 






















































(a) Teachers, principals and 






















































asst. superintendents. 






4 


9 




14 


14 








1 


2 




1 
















1 


2 




1 


1 


(6) Health, recreational and 






















































social workers 


3 


2 


3 


8 




12 


10 








1 


3 




1 








1 








1 


2 




1 


1 


(c) All other employees. . . . 


6 




4 


6 




7 


9 








1 


10 












1 








1 






1 


3 


4. Preparation of the Budget 


9 






1 




10 


8 






1 




10 




4 








1 






1 




2 




1 


2 




1 


3 


3 


3 




6 


3 


1 


2 


1 


4 


15 




3 








2 


















(a) Taking the census 


2 


(b) Enforcing compulsory 






















































attendance laws 


3 


4 


8 


4 




8 


2 


3 


2 


2 


2 


7 


1 


1 
























?. 


6. Buildings and grounds 






















































(a) Purchase and sale of 


1 










6 


1 










31 




6 




1 










1 




2 






2 


(t) Preparation of plans for 
























































1 








2 


7 


3 








2 


12 




12 




1 










2 




2 








(c) Supervision of construc- 




tion 


?. 




1 




1 


1 


2 








1 


28 




4 




1 














2 




1 


3 


(d) Rent 






















































(e) Maintenance-repairs 


3 




1 




1 


8 


3 










22 




3 




1 










1 




1 




1 


3 


7. Curricula: Determination of : 






















































(a) Subjects to be included. 


3 


7 


10 


9 




4 


7 


2 


2 


2 


2 
















1 














1 


(b) Content of Subjects. . . . 


6 


7 


10 


6 




3 


7 


2 


2 


1 


3 
















1 














2 


8. Making of rules and regula- 






















































tions governing: 






















































(o) Routine matters ol 






















































school procedure 


1 


11 


6 


8 


1 


6 


4 


3 


2 


1 


4 








1 






















1 




R 


5 


1 


in 




o 


S 








^ 


1 




1 




1 














2 




1 


2 


9. Selection of: 






















































(a) Textbooks 


T 


H 


11 


8 


? 


3 


7 





1 


2 


? 


1 


1 














1 






1 






2 


(6) Instructional supplies... 


1 


8 


10 


7 


3 


4 


3 


4 


1 


1 


3 




1 












1 












1 


2 














































1 


1 






1 


10. Direction and Supervision of: 






















































(o) Medical inspection 


3 


9 


5 


B 


2 


6 


4 


2 


2 




1 


2 






















1 






6 


(6) Classroom instruction.. 


1 


22 


8 


3 






2 


3 


2 


3 


3 






























2 


(c) Civic center activities. . . 


I 


10 


9 


10 


1 


?. 


,"> 


3 


3 


2 


1 






























2 


id) Evening schools 


2 


9 


8 


7 


1 


7 


7 


1 


2 


1 




1 




1 
























2 


(e) Continuation schools. . . 


7 


5 


8 


6 


1 


7 


6 


1 


2 


1 


2 


1 




























2 



tji. f^ H- 1 l-i 



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rf^ *^ 


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l-» 


t-1 


I-' • 


to 


►f^ to 


hf». H-» 



*>■ to h-i (-i 



1914 


Arkansas 


1915 


California 


1917 


Colorado 


1916 


Connecticut 


1919 


Delaware 


1915 


Floridai 


1919 


Georgia^ 


1917 


Idaho 


1919 


Illinois 


1917 


Indiana 


1919 


Iowa 


1917 


Kansas 


1918 


Kentucky 2 


1916 


Louisiana' 


1917 


Maine 


1918 


Maryland 1 


1919 


Massachusetts 



GO 

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to to to to t--, I 



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l_il_il_its5lO tOCOCn 







Chart A.- — Responsibility for Exercise of Functions in City School Administration 

Showing the relationships of board of education and superintendent to each other, to the public, to other municipal authorities, to county authorities, to state authorities, to teachers 



Date of publication of laws used in this study 



1. Attendance: 

- (a) Appointment of attendance officers 

(6) Taking of census 

[ Cc)_Enforcement of compulsory attendance 



' (d) Granting working papers 

2. Budget or estimate: 
Preparation of estimate 

(a) Within tax limits 

(6) Estimate exceeding normal tax limits. . 

3. Buildings and grounds: 

(a) Control of 

(6) Purchase and sale of 

(c) Preparation of plans for new construc- 
tion 

(d) Supervision of new construction 

(e) Rent, repairs, insurance 

4. Course of study: 

(a) Preparation of , 

(6) Enforcing use of state course of study 

5. Employees (janitors, clerks, etc.): 

(a) Appointment 

(6) Transfer 

(c) Promotion 

(d) Dismissal 

6. Organization of schools - 

7. Pupils: 

(a) Admission 

(6) Suspension and dismissal 

8. Reports: 

(a) Superintendent to board 

(6) To county authorities 

(c) To state authorities 

(d) To public 

9. Rules and regulations: 

(a) Making of 

(6) Enforcement of 

10. Superviaion (or direction and supervision of } : 

[fl) Sc\ioo\ ia genetaX 

(i>) Classroom instruction 

(.c) Evening schools 

11. Supplies; selection of: 

(a) Textbooks 

(b) Instructional supplies 

(c) Other supplies 

12. Teachers: 

(o) Examination 

(fa) Certification 

(c) Appointment 

(d) Transfer 

(e) Promotion 

if) Dismissal 



2 


1 


1 


1 


1 


1 


s 


Sc 


s 


Sc 


1 
1 


1 
1 



• Board BelccU. eubjett lo 11,» aoorovul of the Bupetintendent. 

Th« code loiter or fig„. ° crcs.e. the relationship orJy m part 
The data given above toTlh Sowing atates .pplie. only withru the hmrU Bpee.fiod below; 
■ Florida, Georgia, Maryland -County Oreaniaation. 
' Iventucky, ■ 



o second claaeciti^- 

, .0 the pariih „tlier than the city 

- York, ,„ „„e,d la„. ,over»ine ■='"!= °" '/J'^^t^^JoiunlfiilVihe duUes of 
• NorS Data::.': "^'""- ■'""" ""^ 



WrUb rather t""" '"^^^^ '„, ,.t, 2„d and 3rd olasaea. 
orth C.,oli„a:;:i':;:' XTto- »' - .-rint-""-" '">«'" "" 
° epeciol school diBtricta. 



BupcriQtcndcnt. 



f Oklahoma, to independent diatricta. 

s Pennsylvania, to 2nd and 3rd class cities. 

» South Carolina, to graded or town districta. 

'0 Utah, to cities of lat and 2nd claasea. 

'I Vermont, to incorporated districts or cities having 25 or n: 

1! Virginia, to cities over 10,000. 

'» Washington, applies mainly to districts of let and 2nd classi 

" West Virgima, to "districts" and "district Buperviaors." 

•» Wisconsin, principally to cities of the 2nd and 3rd classee. 



ledical inspection and night school data pnncipally to Ist class djstri 



Chart B. — ^EBSPONsmniiTY fob City Sohooz. Administhation in Twhntt-qnh Ambucan Citibs^ 
Showing the proviaions made by six states for the administration of city schools in their cities of the fixst-class; and the provisions made by eleven otW states for fifteen of their cities whose school systems operate 

partially or altogether under the provisions of special charters^ 



Group I. Cities operating under general school laws for cities of the first-claas Group 11.=' Cities operating their school systems partially or altogether under the provisions of a special charter or local legislation 



Indian- 
apolis 



Louis- 
ville 



Phila- 
delphia 



St. 
Louis 



Balti- 
more 



Berke- 
ley 



1909 
1918 



1909 
1911 



Hous- 
ton 



Los 
Angeles 



Nash- 
ville 



New 
Haven 



Provi- 
dence 



1916 
1914 



'unctions of city school admin- 
istration: 
ippointment of: 

Assistant superintendent 

Business manager *. 

Superintendent buildings 

Secretary to board 

Principals 

Teachers , 

Janitors 

Clerks 

Attendance of&cers 

Other employees 

ciinsfer; 

P'rincipals 

Ti'eachers 

Other employees 

ro motion: 

IMncipals 

ireachers 

Other employees 



Assistant superintendent. . 

Bi; siness manager 

Su oerintendent buildings . 

Secretary to board 

Priiicipals , 

Teachers 

Janitors 

Clerks 

Attendance officers 

Other employees 

lidget : 

Preparation of 

Approval 

Making tax levy 

lildings and grounds: 

Control of 

Purchase, sale 

Preparation, plans construction 

Supervision of construction 

Elent 

Repairs 

Curse of study: 

Preparation 

Bles and regulations: 

joverning; schools 

Pupils 

Teachers 

Administration and supervis- 
ory officers 

Other employees 

New policies 

Appointments , 

Section of: 

Textbooks 

nstructional supplies 

)ther supplies 

&ervision: 

)f schools in general 

i)f classroom instruction 

Uchers: 

Examination 

Certification 

eports: 

Superintendent to board 

To state officials 

To municipal officials 

To pubh'c officials 



3,B1 



, used for Chart A applies to Chart B, ffith 



« Only those provisionfl speoifioally mentioned in oity charter or code a 
• The charter of Greensboro, as liatei m this data, ia «ot now in force, 



1 for the oiUea of Group II. 



LIBRftRY OF CONGRESS 




